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NY A84050




JUNE 21, 1996

CLA-2-62:RR:NC:WA:357 A84050

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5030; 6210.40.5040; 6210.40.5020; 6201.93.3000; 6201.93.3511

Mr. Robert Ledlow
Walls Industries
1905 North Main
Cleburne, Texas

RE: The tariff classification of a man's jacket; two pairs of men's trousers; a man's bib-overall; a man's woven double jacket set; a man's reversible jacket from Hong Kong and/or China; Gore-Tex Fabric

Dear Mr. Ledlow:

In your letters dated May 13, 1996 and June 4, 1996, you requested a classification ruling.

Five samples were submitted as follows: Style number X58012AC, Professional Rain Pant, is a man's pair of trousers. The trousers will be imported in different colors under style numbers X58012RA and X58012RG. The trousers are constructed of an outershell composed of a camouflage design 65% polyester/ 35% cotton hushweave fabric laminated on the inner surface to a waterproof and breathable "Gore-Tex" membrane. The garment is lined with a woven 100% nylon fabric and has 70 grams of "Thinsulate" Ultra insulation.

The trousers have a fly front opening secured by a zipper and a snap closure on the waist. The waistband features five belt loops, six suspender buttons on the inside waist and elastic in the rear. There are two front pockets located below the waistband. At the bottom of each trouser leg there is a zipper opening with a gusset insert.

Style number X93081AC, Professional Rain Bib, is a man's bib overall constructed of an outershell composed of a camouflage design woven 65% polyester/35% cotton 7 oz. brushed twill fabric laminated on the inner surface to a waterproof and breathable "Gore-Tex" membrane. The garment is lined with a woven 100% nylon taffeta fabric and has 100 grams of "Thinsulate" Ultra insulation. The bib overall will be imported in different colors under style numbers X93081CC, X93081RA, X93081RG.

The bib overall has a front bib which extends more than six inches above the natural waistline. Attached to the bib are adjustable strap extensions. The strap extensions are worn by the wearer over the shoulders and secured at the front by buckles. The bib overall has a front opening with a double pull zipper closure. A storm flap with four snaps covers the zipper area. There are two bellow front pockets and a rear pocket. Each pocket is located below the waist and is secured by a flap with snap closures. At the bottom of each trouser leg there is a zipper opening with a gusset insert.

Style number X37228AC, Shikari Rain Jacket, is a man's jacket constructed of an outershell composed of a camouflage design 65% polyester/35% cotton "Shikari" fabric laminated to a waterproof and breathable "Gore-Tex" membrane. The garment is lined with a 100% polyester thermal fabric. The jacket will be imported in a different color under style number X37228RG. The jacket features an integral hood with a drawcord tightening and a snap closure at the chin. The jacket has a full front opening secured by a zipper closure. A storm flap with six snaps covers the zipper area. There are two large front pockets secured by a zipper closure with an overlay fabric, adjustable snap closures on the sleeve cuffs and a drawcord tightening through the bottom hem.

Style number X55238AC, Shikari Rain Pant, is a man's pair of trousers constructed of an outershell composed of a camouflage design 65% polyester/35% cotton "Shikari" fabric laminated on the inner surface to a waterproof and breathable "Gore-Tex" membrane. The garment is lined with a 100% polyester thermal fabric. The garment will be imported in a different color under style number X55238RG. The trousers feature a waistband with a drawcord tightening and elastic on the rear. There are six concealed suspender buttons on the inside waist. At the bottom of each trouser leg there is a zipper opening with a gusset insert and a snap closure.

Style number X32140BZ is a man's two-piece jacket set which consists of a thigh-length outer jacket and a hip-length inner jacket which can be zippered together along the front edges and snapped together at the wrists so as to be worn as one garment. Although the jackets are worn together each jacket can also be worn separately and will be classified as a separate garment. The set will also be imported in a different color under style number X35202WZ.

The outer jacket of style number X32140BZ is constructed of an outershell composed of a solid color blaze orange woven 53% nylon/47% acrylic fabric laminated on the inner surface to a waterproof and breathable "Gore-Tex" membrane. The jacket features a full front opening secured by a two-way zipper pull closure as well as a secondary zipper for attaching the inner jacket. The garment has a storm flap with six snaps which covers the zipper area. There are four pockets secured by flaps with "VELCRO"-type fasteners. Two of the pockets are on the chest and two of the pockets are double entry front pockets located below the waist. The jacket also has two inner pockets on the lining. The garment features a detachable hood held to the garment by a zipper. The hood has a drawcord tightening and a chin guard with a "VELCRO"-type fastener. There is a drawcord tightening at the waist and adjustable "VELCRO"-type fasteners on the sleeve cuffs.

The inner jacket of style number X32140BZ is reversible. The jacket is constructed of a camouflage design woven 100% nylon fabric on one side and a blaze orange solid color woven 100% nylon fabric on the other. The garment has a "Thinsulate" Ultra insulation. You state that the nylon shell fabric has a compound substance applied during the finishing process. The compound consists of a fluorocarbon with Dupont Teflon extender, which is considered to be a generic durable water repellant. The jacket has a full front opening secured by a zipper with a reversible zipper pull. There are two front pockets on the camouflage fabric side and two front pockets on the solid color side. The garment's collar, sleeve cuffs and waistband are constructed of a ribbed-knit fabric.

The samples are being returned to you.

The applicable subheading for style numbers X58012AC and X55238AC 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.

The applicable subheading for style number X93081AC will be 6210.40.5040, 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, overalls and coveralls. The duty rate will be 7.5 percent ad valorem.

The applicable subheading for style number X37228AC and the outer jacket of style number X32140BZ 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.

If the inner jacket of style number X32140BZ passes the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTS), Chapter 62, U.S. Note 2, then the applicable HTS subheading for the garment will be 6201.93.3000, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.5 percent ad valorem.

If the inner jacket of style number X32140BZ does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6201.93.3511, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 29.1 percent ad valorem.

Style numbers X58012AC and X55238AC fall within textile category designation 647. Style number X93081AC falls within textile category designation 659. Style number X37228AC and the inner and outer jacket of style number X32140BZ fall within textile category designation 634. Based upon international textile trade agreements products of Hong Kong and China 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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