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NY 855745





CLA-2-62:S:N:N3I:357 855745

CATEGORY: CLASSIFICATION

TARIFF NOS.: 6210.40.1020; 6210.40.1030

Mr. Michael G. Davis
William H. Masson, Inc.
11 E. Mount Royal Avenue
Baltimore, MD 21202-2714

RE: The tariff classification two men's rain jackets and two pairs of men's rain pants from Taiwan.

Dear Mr. Davis:

In your letter dated August 20, 1990, on behalf of Line Seven Inc., you requested a tariff classification ruling.

Although, you are requesting classification for the five style numbers listed in your letter, style number L250 was not received. Four samples were submitted as follows: Style number L272 a man's waist rain jacket, and style number L255 a man's pair of racing rain pants are constructed of a oxford nylon outershell visibly coated on the inner surface with PVC. Style L100 a man's tasman rain jacket, and style L151 a man's pair of tasman rain pants are constructed of a shell composed of a PVC face and back calendered to polypropylene base fabric. All of the garments have a nylon taffeta lining.

Styles L272 and L100 feature a full front opening with a heavy- duty zipper closure and double storm flaps secured by "VELCRO"-type fasteners. There is a "stowaway hood", with a drawstring on each garment. The hood is concealed within the garment's collar by a "VELCRO"-type fastener. Each jacket has two front pockets also with "VELCRO"-type fasteners and a contrasting colored nonwoven fabric insert on the outer portion of the collar. Style L272 has elasticized sleeve cuffs. Style L100 has "VELCRO"-type fasteners on the sleeve cuffs.
Styles L255 and L151 are high rise pants. The garment has a front zipper opening which extends from the crotch to less than six inches above the natural waistline. At the top of the garment there is a self-fabric snap tab on each side and across the zipper and elasticized strap extensions with adjustable plastic buckles. Each garment has a flapped left front pocket fastened by a "VELCRO"-type closure and adjustable "VELCRO"-type fasteners on the ankle cuffs.

The applicable subheading for style number L272 will be 6210.40.1020, 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 men's garments of man-made fibers, other, anoraks, windbreakers and similar articles. The rate of duty will be 7.6 percent ad valorem.

The applicable subheading for style number L255 will be 6210.40.3010, HTS, which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907, other men's garments of man- made fibers, other, trousers. The rate of duty will be 7.6 percent ad valorem.

The applicable subheading for style numbers L100 and L151 will be 3926.20.5050, HTS, which provides for other articles of plastics and articles of other materials of heading 3901 to 3914, articles of apparel and clothing accessories, other, other. The rate of duty will be 5 percent ad valorem.

Style number L272 falls within textile category designation 634. Style number L255 falls within textile category designation 647. Based upon international textile trade agreements, products of Taiwan are presently subject to quota restraints and a visa requirement. Style numbers L100 and L151 are not presently subject to quota restraints or a visa requirement.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since 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 Section 177 of the Customs Regulations (19 C.F.R. 177). A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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