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NY C81284




November 28, 1997

CLA-2-62:RR:NC:WA:357 C81284

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Angela Tumbarello
Cyrk, Inc.
3 Pond Road
Gloucester, MA 01930

RE: The tariff classification of a combination jacket and backpack from Korea, China or Guatemala

Dear Ms. Tumbarello:

In your letter dated October 20, 1997, you requested a classification ruling. A sample was submitted and is being returned as you requested.

The item in question, style "Extreme Series," consists of two articles: a men's jacket and a backpack which are joined through a combination of zippers. The items may be worn together or separately.

The jacket is described as being available in two versions. However, only one was received, and that version is the one to which this ruling applies. In addition a water bladder with hose to be used with these items is mentioned in your letter and the literature accompanying it, but no sample was provided. Its classification is not covered by this ruling.

The jacket, which is approximately thirty inches in length, has a nylon shell described as water resistant; a fleece lining; a full front opening secured by a zipper which extends to the top of the collar; inner drawstrings at the waist and the bottom hem; slant, zippered pockets at the waist; and elasticized cuffs. The jacket also features a zippered U-shaped flap on the back panel. This flap is approximately eighteen inches in length and seven inches in width. When the jacket is worn alone this flap is closed. When both items are worn together the flap is opened to allow the shoulder straps of the backpack to be worn under the jacket. A zipper half on the backpack corresponds to one half of the zipper on the flap enabling the items to be joined.

The backpack has two zippered and one open compartment on the outside. It also has an elasticized storage cord which crosses the upper portion.

Although the two items may be used separately, the presence of the large zippered flap on the jacket's back panel renders it a special type item that in our opinion would not normally be offered for sale separately. Therefore, the items are classified as a composite good. Under the terms of the Harmonized Tariff Schedules, composite goods are to be classified according to the component which provides the essential character or, failing that, under the heading which occurs last in the HTS among those under consideration. Examination of this product indicates that the backpack does not provide the essential character to the whole. Therefore, classification will be under the heading for the jacket.

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 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 combination jacket and backpack 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.

This combination falls within textile category designation 634. Based upon international textile trade agreements products of Korea and China 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,

Robert B. Swierupski
Director,

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