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NY 814182




September 13, 1995

CLA-2-62:S:N:N5:353 814182

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5050

Mr. Gary S. Lewin
E. Besler & Co.
115 Martin Lane
Elk Grove Village, IL 60007-1309

RE: The tariff classification of a disposable two piece rainsuit from China.

Dear Mr. Lewis:

In your letter dated August 21, 1995, on behalf of Portable Heater Parts, Inc., you requested a classification ruling.

The submitted sample is a two piece disposable rainsuit consisting of a man-made fiber nonwoven spun fabric coated with polyethylene that does not obscure the underlying fabric. The trousers feature an elastic waist band. The jacket has long sleeves, two patch pockets with a snap flap closure, a full front opening with a zippered left over right flap snap closure and a attached draw string hood. You state in your letter that the imported rainsuits will not have any pockets and will have buttons instead of zippers.

The applicable subheading for the disposable rainsuit will be 6210.40.5050, 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 boy' garments: Of man-made fibers: Other, other. The duty rate will be 7.6 percent ad valorem.

The rainsuit falls within textile category designation 659. Based upon international textile trade agreements products of China are subject to quota 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 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
New York Seaport

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