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NY C82355




December 22, 1997

CLA-2-62:S:N:N:HO6 REH

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.10.9010, 6210.10.9040

Rainfair, Inc.
Box 1647
Racine, WI 53401

Attention: Brian Wavra

RE: The tariff classification of rainwear from China.

Dear Mr. Wavra:

In your letter dated December 2, 1997, you requested a tariff classification ruling. The samples provided will be returned as requested.

A "Dry-N-Lite" jacket and overall pants, were submitted for our examination. Both items are made from non-woven polyester, coated with a layer of PVC that imparts an embossed pattern on the exterior surface. Each item is best described separately as follows:

Style 1100-4601, "Dry-N-Lite" jacket - Loose fitting hip-length jacket with a full frontal opening incorporating snap closures. There is an applied self fabric stand-up collar and a detachable hood with a textile cord tightener.

Style 1600-4602, "Dry-N-Lite" overall pants - Loose fitting bib-style pants with adjustable elastic shoulder straps fastened to the front bib by means of button clasps.

The applicable subheading for the style 1100-4601, jacket, will be 6210.10.9040, Harmonized Tariff Schedule of the United States (HTS), which provides for Garments, made up of fabrics of heading 5602, 5603, 5903, 5906, or 5907: Of fabrics of heading 5602 or 5603: Other: Other: Other... Other...The rate of duty will be 16.7 percent ad valorem.

The applicable subheading for the style 1600-4602, overall pants, will be 6210.10.9010, Harmonized Tariff Schedule of the United States (HTS), which provides for Garments, made up of fabrics of heading 5602, 5603, 5903, 5906, or 5907: Of fabrics of heading 5602 or 5603: Other: Other: Other... Overalls and coveralls...The rate of duty will be 16.7 percent ad valorem.

The jacket and overall pants fall within textile category designation 659. Based upon international textile trade agreements, products of China are subject to visa requirements and quota restraints.

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.

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.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

Sincerely,

Michael D'Ambrosio

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