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NY C83795




February 17, 1998

CA-2-62:RR:NC:WA:357 C83795

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.30.5000

Kathy Brennan
Eddie Bauer, Inc.
P.O. Box 97000
Redmond, Washington 98073-9700

RE: The tariff classification of two women's raincoats from Malaysia and China

Dear Ms. Brennan:

In your letter dated January 20, 1998, you requested a classification ruling.

Two samples were submitted as follows: "Women's Microfiber Duster" item number 006-1076, is a woman's full-length raincoat. The raincoat is constructed of a shell composed of a woven 100% polyester fabric which you state has a "Teflon" coating and a 600mm milky polyurethane coating on the inner surface. The garment has a woven nylon fabric lining and a button-out removable liner composed of a woven fabric quilted to a non-woven batting. The liner is not of the type that is worn separately. You indicate that the garment will also be imported under item number 006-1077 in petite sizes and under item number 006-1078 in tall sizes.

The raincoat has a pointed collar secured at the neck by a buckle and tab closure and a full front opening with five right-over-left button closures. There are two front slash pockets below the waist, an adjustable button tab on the sleeve cuffs and a vent on the bottom of the back panel.

You also submitted for our examination with the sample three fabric swatches in the colors black, sand and mocha which are visibly coated on the inner surface. You indicate that the swatches represent the shell fabrics and coating that will be used in the production of the garment when imported into the U.S. The sample "Women's Microfiber Short Trench" item number 006-1079, is a woman's lower thigh-length raincoat. The raincoat is constructed of a shell composed of a woven 100% polyester fabric which you state has a "Teflon" coating and a 600mm milky polyurethane coating on the inner surface. The garment is lined with a woven 100% polyester quilted in a diamond pattern to a non-woven batting. You indicate that the garment will also be imported under item number 006-1080 in petite sizes and under item number 006-1081 in tall sizes. The garment has a double breasted style full front opening secured by four right-over-left button closures. There are two front pockets with flaps located below the waist, a self-fabric belt at the waist that is held to the garment by belt loops, an adjustable button tab on the sleeve cuffs and a back vent.

You also submitted for our examination with the sample three fabric swatches in the colors sand, maritime "navy blue" and black which are visibly coated on the inner surface. You indicate that the swatches represent the shell fabrics and coating that will be used in the production of the garment when imported into the U.S.

The samples are being returned to you.

The applicable subheading for each garment will be 6210.30.5000, 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 garments, of the type described in subheadings 6202.11 to 6202.19: Of man-made fibers: Other. The duty rate will be 7.4 percent ad valorem.

Each garment falls within textile category designation 635. Based upon international textile trade agreements products of Malaysia and 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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