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NY A89806





December 19, 1996

CLA-2-62:RR:NC:WA:357 A89806

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.23.0050; 6203.23.0060

Mr. Tom Thompson
First Light TQA Resource Inc.
2111 Palomar Airport Road,
Suite 280
Carlsbad, CA 92009

RE: The tariff classification of a man's rainsuit from Thailand Dear Mr. Thompson:

In your letter dated November 20, 1996, you requested a classification ruling.

The two samples submitted are a man's rainsuit. The rainsuit consists of a "Nashbar" Rain Jacket style number BN-K035, and "Nashbar" Rain Pants style number BN-K075. The jacket and trousers are constructed of a woven 100% nylon fabric which you state is coated on the inner surface with 600mm polyurethane. You indicate in your letter that the jacket and trousers will be used by bikers.

The coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.

The jacket has a full front opening secured by a zipper closure, a detachable zip-off hood with a drawcord tightening, and a free hanging back yoke with a reflective silver strip that covers a mesh lining. The garment has long sleeves which feature a zipper opening approximately 13 inches in length. The zipper opening is concealed by an overlapping of fabric which is secured by "VELCRO"-type fasteners. The zipper opening conceals a mesh insert which can be used by the wearer for ventilation. The garment has a "VELCRO"-type fastener and a reflective silver band around each sleeve cuff. There is a zippered pocket with a reflective silver strip on the lower portion of the garment's back panel. At the bottom of the garment there is a drawcord tightening through the hem and an additional strip of fabric approximately 6-3/4 inches long hanging from the hem. This strip of fabric can be used by the wearer as a wind guard. The wind guard can be folded up and secured by "VELCRO"-type fasteners. Imported with the jacket is a carry bag. The bag is barrel shaped and measures approximately 14 inches in length and 10 inches in width. The carry bag is constructed of the same fabric as the jacket and has a drawcord tightening at the top. The jacket can be folded inside the bag allowing the wearer to carry the garment.

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.

The trousers have an elasticized waistband with an inner drawcord tightening. There is a right rear pocket below the waist. At the bottom of each trouser leg there is a reflective silver strip and a "VELCRO"-type fastener.

The jacket and trousers are of the same fabric construction, style, color and composition. You indicate that the garments will be put up for retail sale as a set.

Your samples are being returned to you.

The applicable subheading for the jacket will be 6203.23.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for Men's or boys' ensembles: of synthetic fibers, other: Garments described in heading 6201. The rate of duty for the jacket is the rate applicable to the garment in the ensemble if separately entered.

If the jacket passes the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTS), Chapter 62, U.S. Note 2, the duty rate will be 7.5 percent ad valorem. The new duty rate beginning on January 1, 1997, will be 7.4 percent ad valorem.

If the jacket does not pass the water resistance test specified in the tariff then the duty rate will be 29.1 percent ad valorem. The new duty rate beginning on January 1, 1997, will be 29 percent ad valorem.

The applicable subheading for the trousers will be 6203.23.0060, which provides for Men's or boys' ensembles: of synthetic fibers, other: trousers and breeches. The rate of duty for the trousers is the rate applicable to the garment in the ensemble if separately entered.

If the trousers pass the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTS), Chapter 62, U.S. Note 2, the duty rate will be 7.5 percent ad valorem. The new duty rate beginning on January 1, 1997, will be 7.4 percent ad valorem.

If the trousers do not pass the water resistance test specified in the tariff then the duty rate will be 29.3 percent ad valorem. The new duty rate beginning on January 1, 1997 will be 29.2 percent ad valorem.

The jacket falls within textile category designation 634. The trousers fall within textile category designation 647. Based upon international textile trade agreements products of Thailand 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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