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NY 800111




August 11, 1994

CLA-2-62:S:N:N5:357 800111

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.1055; 9025.80.5000; 4202.92.3020

Mr. David J. Evan
Grunfeld, Desiderio, Lebowitz & Silverman 245 Park Avenue
New York, N.Y. 10167-0002

RE: The tariff classification of a men's coated padded, sleeveless jacket with a detachable backpack from Malaysia; composite goods; sets; combination compass and thermometer; GRI 3(b).

Dear Mr. Evan:

In your letter dated July 15, 1994, on behalf of Tommy Hilfiger, U.S.A. Inc., you requested a classification ruling. A sample was submitted and is being returned as you requested.

The item in question, style 880585870/5498, consists of two major items. The first item is a padded, sleeveless jacket with a shell made from a woven nylon fabric, a lining quilted to a polyester padding, a full front opening with a zipper closure extending to the top of the standup collar, a roll-up hood which fits inside the collar and is secured by a zipper, slant zippered pockets at the waist and a horizontal reflective strip just above the bottom hem. There is embroidery in the left chest area, and the back has a locker loop with the Tommy Hilfiger name. The shell is visibly coated on its inner surface. Attached to the front zipper pull is a combination compass and thermometer.

The other item is a backpack made in the same fabric as the garment. It has two means of closure: a drawstring and a flap with buckled straps. It also has adjustable shoulder straps. The backpack may be worn with the jacket and has a horizontal zipper half at the top that corresponds to another on the garment. It also has two vertical rows of three snap fastener halves corresponding to snap halves on the garment. When the pack is attached to the jacket the shoulder straps are not employed. When the items are used separately the zipper half on the garment is concealed by a flap, as are the snap halves.

The applicable subheading for the garment will be 6210.40.1055, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments made up of fabrics of heading 5903, 5906 or 5907, of man-made fibers. The duty rate will be 7.6% ad valorem.

The applicable subheading for the compass/thermometer will be 9025.80.5000, HTS, which provides for thermometers, pyrometers, barometers, hygrometers and psychrometers, recording or not, and any combinations of these instruments; Other instruments: other: other. The duty rate will be 4.7 % ad valorem.

The applicable subheading for the backpack will be 4202.92.3020, HTS, which provides for travel, sports and similar bags with outer surface of textile materials. The duty rate will be 20% ad valorem.

These items do not constitute composite goods; nor are they regarded as sets under GRI 3(b), HTSUSA.

The garment falls within textile category designation 659; the backpack within category 670. Based upon international textile trade agreements products of Malaysia are 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. Since 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 Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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