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NY B82645




April 2, 1997

CLA-2-62:RR:NC:WA:357 B82645

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.13.4005

Mr. John M. Peterson
Neville, Peterson & Williams
80 Broad Street
New York, NY 10004

RE: The tariff classification of a packable raincoat from the Philippines

Dear Mr. Peterson:

In your letter dated February 28, 1997, on behalf of Totes, Inc., you requested a classification ruling. A sample was submitted.

The item in question, "Body Umbrella--Long Style," is an unlined raincoat made from a woven 55% nylon/45% polyester fabric which is stated to have a 600mm acrylic coating. It features a full front opening and will have two snaps at the neck and a third at the bottom, which close right over left. The garment is approximately forty-one inches in length. It has long sleeves without cuffs and a self-fabric hood. It will be packed in a clear plastic rectangular case measuring approximately 16" x 2-3/4" x 2-1/2", with fabric on the seams, a cardboard insert showing the garment being worn with rain boots, and a zipper closure.

In your letter you suggested classification of this item under the HTS provisions for water resistant anoraks and similar garments. You also cited in support of this classification an earlier ruling from this office on another item, NY Ruling 814509, October 2, 1995, which you indicated covers a shorter version of the present garment.

A review of NY 814509 and the present item indicates that there are significant differences between this garment and the subject of the earlier ruling. Customs has previously stated that garments classifiable in the subheading for overcoats, carcoats...and similar coats are generally cut long and full to fit over other outer garments such as a suit. This article fits within that description. The fact that this raincoat is packable does not detract from its function as a raincoat. In fact, it is quite suitable for protecting ones business clothes when there is
a sudden change to inclement weather. Therefore, we consider this item a raincoat.

The applicable subheading for the "Body Umbrella--Long Style" will be 6202.13.4005, Harmonized Tariff Schedule of the United States (HTS), which provides for other women's raincoats of man-made fibers. The duty rate will be 29 percent ad valorem.

This garment falls within textile category designation 635. Based upon international textile trade agreements products of the Philippines 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 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,

Paul K. Schwartz
Chief, Textiles and Apparel Branch

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