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NY A83915




JUNE 19, 1996

CLA-2-62:RR:NC:WA:357 A83915

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.20.9050; 6210.20.5000; 6210.30.5000; 6210.40.5020; 6210.40.5030

Ms. Angel L. Cooper
A.N. Deringer, Inc.
173 West Service Road
Champlain, N.Y. 12919

RE: The tariff classification of two jackets, a poncho, a raincoat and a jacket with a pair of trousers from Taiwan and China

Dear Ms. Cooper:

In your letters dated March 29, 1996 and May 15, 1996, on behalf of Mercantile Trading Corporation, you requested a classification ruling.

Five samples were submitted as follows: Style number 180-C and 212-C are rain jackets constructed of an outershell composed of polyvinyl chloride plastic (PVC). Each garment is lined with a woven plaid design 100% cotton fabric. In a phone conversation you stated that each garment is over $10.00 in value per unit.

Style number 180-C has an integral hood with a drawcord tightening and a full front opening secured by five snaps. There are two front pockets with flap closures located at the waist and two grommets under each armhole for ventilation.

Style number 212-C has an integral hood with a drawcord tightening and a full front opening secured by a zipper closure. There are two front pockets with flap closures located at the waist, a drawcord tightening at the bottom hem and two grommets under each armhole for ventilation.

Style number 2700 is a man's knee length raincoat. The garment is constructed of a woven 100% nylon fabric outershell laminated on the inner surface to a 100% rubber backing. The garment has an integral hood with a drawcord tightening and snap closure and a full front opening secured by a zipper closure. There are two front pockets with flaps located below the waist. At the rear of each pocket there is a slash opening which can be used by the wearer as an easy access into inner garments. Each sleeve cuff has an adjustable snap fastener and there are two grommets under each armhole for ventilation.

Style number 3100 is a unisex poncho. The poncho is constructed of a woven 100% nylon fabric outershell laminated on the inner surface to a 100% rubber backing. The poncho is a pullover garment with no armholes and no opening at the neck. The garment has an integral hood with a drawcord tightening, hangs loosely from the shoulders and has full length side openings secured by snaps. There are grommets on each corner of the garment at the bottom hem.

Style number 6890-D consists of a man's jacket and a pair of trousers. The jacket and trousers are constructed of a woven 100% nylon fabric outershell laminated on the inner surface to a 100% rubber backing. The jacket has an integral hood with a drawcord tightening and a snap closure at the neck. The garment features a full front opening secured by a zipper closure, a left chest pocket with a flap, and two front pockets with flaps located at the waist. The garment has a drawcord tightening through the bottom hem, adjustable snaps on the sleeve cuffs and two grommets under each armhole used for ventilation. The trousers have an elasticized waistband and adjustable snap closures on the ankle cuffs.

The samples are being returned to you.

The applicable subheading for the rain jackets, style numbers 180-C and 212-C, will be 3926.20.9050, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastic and articles of other materials of heading 3901 and 3914: Articles of apparel and clothing accessories: other: other: other. The duty rate will be 5 percent ad valorem.

The applicable subheading for the man's raincoat, style number 2700, will be 6210.20.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: Other garments, of the type described in subheading 6201.11 to 6201.19: of man-made fibers: other. The duty rate will be 7.5 percent ad valorem.

The applicable subheading for the unisex poncho, style number 3100, will be 6210.30.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: Other garments, of the type described in subheadings 6202.11 to 6202.19: of man-made fibers: other. The duty rate will be 7.5 percent ad valorem.

The applicable subheading for the jacket of style number 6890-D will be 6210.40.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: Other men's or boys' garments: Of man-made fibers: other anoraks, windbreakers and similar articles. The duty rate will be 7.5 percent ad valorem.

The applicable subheading for the trousers of style number 6890-D will be 6210.40.5030, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: Other men's or boys' garments: Of man-made fibers: Other trousers, breeches and shorts. The duty rate will be 7.5 percent ad valorem.

Style number 2700 and the jacket of style number 6890-D fall within textile category designation 634. The trousers of style number 6890-D fall within textile category designation 647. Style number 3100 falls within textile category designation 635. Based upon international textile trade agreements products of Taiwan are presently subject to quota restraints and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist W. Raftery at 212-466-5851.

Sincerely,

Roger J. Silvestri
Director

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