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NY B87697




August 7, 1997

CLA-2-62:RR:NC:WA:357 B87697

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511; 6203.43.3500; 6203.43.4010; 4202.92.3030

Ms. Kathy Redey
Eddie Bauer
P.O. Box 97000
Redmond, Washington 98073-9700

RE: The tariff classification of a man's jacket with a carrying bag and a man's pair of trousers with a carrying bag from Korea

Dear Ms. Redey:

In your letter dated July 15, 1997, you requested a classification ruling.

Two samples were submitted as follows: Style number 005-3314 "Packable Sac Jac", is a man's jacket constructed of a woven 100% nylon fabric which you state is coated with polyurethane rendering the garment water resistant. You indicate that the garment will also be imported under style number 005-3315 in a tall size.

The jacket has an integral hood with a drawcord tightening, a stand-up collar and a full-front opening which is secured by a zipper that extends to the top of the collar. The hood can be rolled up and concealed within the garment's collar by a "VELCRO"-type fastener. The jacket has a free-hanging back yoke which covers a mesh lining, two side-seam pockets at the waist, long sleeves with elasticized sleeve cuffs and a drawcord tightening at the bottom hem.

Style number 005-3316 "Packable Pant", is a man's pair of trousers constructed of a woven 100% nylon fabric which you state is coated with polyurethane rendering the garment water resistant. You indicate that the garment will also be imported under style number 005-3317 in a tall size.

The trousers have an elasticized waistband with an inner drawcord tightening. There is a zippered right rear pocket below the waist and zipper openings at the ankle cuffs.

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

Imported with the jacket and trousers are carrying bags. Each carry bag has a barrel shape and is approximately 9-1/4 inches in length. The bags are of a mesh construction along the length and have a round shape woven nylon fabric insert at the bottom and an opening at the top that is secured by a drawcord with a plastic cord stopper.

The carrying bags are man-made textile travel bags of a kind not normally sold at retail with a garment. Each bag is substantially constructed and is not adapted to the garment nor are they mutually complementary in that neither finishes or completes the other. The bags are not specially shaped nor fitted to contain a particular article nor set of articles. The bags and the garment are not put up to meet a particular need or activity. The bags are a portable means of providing storage and protection to a personal effect, and the garment is designed to be worn by a person.

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

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, then the applicable HTS subheading for the garment will be 6201.93.3000, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.4 percent ad valorem.

If the jacket does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6201.93.3511, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 29 percent ad valorem.

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, then the applicable HTS subheading for the garment will be 6203.43.3500, which provides for other men's or boy's water resistant trousers or breeches, of synthetic fibers. The duty rate will be 7.4 percent ad valorem.

If the trousers do not pass the water resistance test, then the applicable HTS subheading for the garment will be 6203.43.4010, which provides for other men's trousers and breeches, of synthetic fibers. The duty rate will be 29.2 percent ad valorem.

The applicable subheading for the bags will be 4202.92.3030, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers, other. The duty rate will be 19.3 percent ad valorem.

The jacket falls within textile category designation 634. The trousers fall within textile category designation 647. The bags fall within textile category designation 670. Based upon international textile trade agreements products of Korea 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,

Paul K. Schwartz
Chief, Textiles & Apparel Branch

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