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NY C80394




October 29, 1997

CLA-2-62:RR:NC:WA:357 C80394

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.13.4005; 4202.92.3030

Ms. Anne Timmins
Mycra Pac Designer Wear
535 Center St.
Moraga, California 94556

RE: The tariff classification of a woman's raincoat with a carry bag from China

Dear Ms. Timmins:

In your letter dated September 29, 1997, you requested a classification ruling.

The sample submitted, style number 3515, is a woman's full-length raincoat constructed of a shell composed of a woven 100% polyester microfiber fabric which you state is coated with 600mm polyurethane.

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

The raincoat has a stand-up collar, an attached hood and a full front opening secured by eight right-over-left button closures. The garment's hood can be rolled up and concealed within the collar by a zipper closure. The raincoat features removable shoulder pads that are held to the garment by "VELCRO"-type fasteners, free-hanging front and back yokes, a drawcord tightening and elastic gathering at the waist, two front pockets secured by flaps with a one button closure located below the waist and long sleeves with a one button closure on the sleeve cuffs.

Imported with the raincoat is an envelope-style carry bag composed of a woven man-made fiber fabric. The carry bag is lined, has an opening at the top that is covered by a flap with a "VELCRO"-type fastener and is approximately 12-1/4 inches in length and 12 inches in width. There is a textile emblem sewn onto the bag's front flap which depicts a propeller plane and the logo "Travel Smith". The bag has a self-fabric carry strap.

The sample is being returned to you.

The applicable subheading for the raincoat will be 6202.13.4005, Harmonized Tariff Schedule of the United States (HTS), which provides for Overcoats, carcoats, capes, cloaks and similar coats: Of man-made fibers: other: other, raincoats: women's. The duty rate will be 29 percent ad valorem.

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

The applicable subheading for the bag will be 4202.92.3030, which provides for travel, sport and similar bags, with outer surface of textile materials, other, of man-made fibers. The duty rate will be 19.3 percent ad valorem.

The raincoat falls within textile category designation 635. The bag falls within textile category designation 670. 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,

Robert B. Swierupski
Director,

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