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NY A89375




December 2, 1996

CLA-2-62:RR:NC:WA:357 A89375

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.50.5020; 6210.50.5035; 6210.40.5020

Ms. Lori Talley
Expeditors International of Washington, Inc. 21318 64th Avenue South
Kent, WA 98032

RE: The tariff classification of a unisex jacket with carry bag, a unisex pair of trousers and a man's jacket with a carry bag from China

Dear Ms. Talley:

In your letter dated November 5, 1996, on behalf of Ex Officio Adventure Wear, you requested a classification ruling.

Three samples were submitted as follows: Style number 2111 Typhoon Jacket, is a hip-length unisex jacket constructed of a woven outershell composed of a 65% polyester/35% cotton fabric. The garment is visibly coated on the outer surface with a polyurethane coating. The coating does not completely obscure the underlying fabric.

The jacket has a full front opening secured by a zipper closure with a right zipper pull. The jacket features an integral hood with a drawcord tightening, two zippered front pockets at the waist, a pocket on the left sleeve that has a flap with a "VELCRO"-type fastener and a label with the "Ex Officio" logo, "VELCRO"-type fasteners on the sleeve cuffs and a drawcord tightening at the bottom hem. The garment has two inner lining pockets and a zippered pocket on the inner portion of the placket. The jacket's back panel has a free-hanging back yoke which covers a mesh lining.

Imported with the jacket is a carry bag. The bag measures approximately 6 inches in length and 8 inches in width. The carry bag is constructed of the same fabric as the jacket and has a zipper closure at the top with a plastic clip hanging from the zipper pull. The bag has two sewn-on textile belt loops. The wearer can fold the jacket inside the bag and carry it around the waist. On the carry bag there is a sewn-on label which features the "Ex Officio" logo.

The Customs Service has determined that bags of this type imported and sold with a garment are composite goods as that term is defined in the HTS. The classification is based on which portion provides the essential character. In this case it is the garment.

Style number 1254 Typhoon pants, is a unisex pair of trousers constructed of a shell composed of a woven 65% polyester/35% cotton fabric. The trousers are visibly coated on the outer surface with a polyurethane coating. The coating does not completely obscure the underlying fabric.

The trousers have an elasticized waistband with an inner drawcord tightening. There are two zippered front pockets and a right rear pocket below the waist. The garment has a zipper and a snap closure at the bottom of each trouser leg.

If the jacket and trousers are sold to both males and females and cannot be identified as exclusively men's, then the applicable classification for the garments will be in the HTS subheading covering women's garments.

Style number 2109 is a man's jacket. The jacket is constructed of an outershell composed of a woven 65% polyester/ 35% cotton fabric. The jacket is visibly coated on the outer surface with a polyurethane coating. The coating does not completely obscure the underlying fabric.

The jacket has a full front opening secured by a zipper closure. There is an overlapping flap with a button and loop fastener at the neck. The overlapping flap covers the zipper area. The garment has two zippered chest pockets, an inner drawcord tightening at the waist, two double-entry front pockets secured by a flap with a "VELCRO"-type fastener below the waist and a free-hanging back yoke which covers a mesh lining. The garment has an inner lining pocket and a zippered pocket on the inner portion of the placket. The garment's sleeve cuffs are secured by button closures.

Imported with the jacket is a carry bag. The bag measures approximately 10 inches in length and 12 inches in width. The carry bag is constructed of the same fabric as the jacket and has a zipper closure at the top with a plastic clip hanging from the zipper pull. The bag has two sewn-on textile belt loops. The wearer can fold the jacket inside the bag and carry the bag around the waist. On the carry bag there is a sewn-on label which features the "Ex Officio" logo.

The Customs Service has determined that bags of this type imported and sold with the garment are composite goods as that term is defined in the HTS. The classification is based on which portion provides the essential character. In this case it is the garment.

The samples are being returned to you as you have requested.

The applicable subheading for style number 2111 will be 6210.50.5020, 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 women's or girls' 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 style number 1254 will be 6210.50.5035, HTS, which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: Other women's or girls' 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 2109 will be 6210.40.5020, 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.

Style number 2111 falls within textile category designation 635. Style number 1254 falls within textile category designation 648. Style number 2109 falls within textile category designation 634. Based upon international textile trade agreements products of 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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