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NY A86070




August 21, 1996

CLA-2-62:RR:NC:WA:357 A86070

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500; 6202.93.5011

Ms. Judith A. Schechter
Graham & James LLP
885 Third Ave,
New York, NY 10022-4834

RE: The tariff classification of a combination jacket and backpack from Egypt

Dear Ms. Schechter:

In your letter dated July 25, 1996, on behalf of Bandai America Inc., you requested a classification ruling. A sample was submitted and is being returned as you requested.

The item in question, known as a "JACPAC," is made from a woven nylon fabric. In its jacket form it has a full front opening with a zipper closure, long sleeves with elasticized cuffs, side seam pockets at the waist and an elasticized waistband. The article will be imported in unisex youth and adult sizes. In youth size it will have a hood; in the adult size it will have a collar. The backpack portion is an integral part of the item and is sewn into the garment's seams. The jacket may be folded into the backpack for storage, in which case two shoulder straps will be used to carry the pack. In this form the item may be used to store other items, as well.

The fabric of the sample garment has not had a rubber or plastics application, but you submitted a swatch of fabric which represents the final product, and you indicated that this fabric is coated for water resistance. Examination of this fabric indicates that it is not visibly coated for tariff purposes.

If the JACPAC 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 6202.93.4500, which provides for other women's anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.5 percent ad valorem.

If the JACPAC does not pass the water resistance test, then the applicable HTS subheading for the garment when imported in adult size will be 6202.93.5011, which provides for other women's anoraks, windbreakers and similar articles of man-made fibers. The applicable HTS subheading for the garment when imported in youth unisex size will be 6202.93.5021. The duty rate for both sizes will be 29.1 percent ad valorem.

This article falls within textile category designation 635. Based upon international textile trade agreements products of Egypt are subject to 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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