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NY C84110




February 23, 1998

CLA-2-62:RR:NC:WA:357 C84110

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500; 6202.93.5011; 6204.63.3000; 6204.63.3510

Ms. Tattie Newman
Nev-Cal Transportation Services
2180 Kleppe Lane
Sparks, Nevada 89434

RE: The tariff classification of a unisex rainsuit with a carry bag from Taiwan

Dear Ms. Newman:

In your letter dated February 3, 1998, on behalf of Silencio/Safety Direct, Inc., you requested a classification ruling.

The sample submitted, style name "Featherweight Rain Suit," consists of a pullover jacket and a pair of trousers constructed of a woven 40 denier rip-stop 100% nylon fabric which you state will be sold as a set only. With your letter you submitted information indicating that the garments are worn by both men and women and that the nylon shell fabric of the jacket and trousers has a thin polymer coating.

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

The jacket is hip-length and has a cross over v-neck style collar. The collar, sleeve cuffs and waistband are composed of a ribbed-knit fabric. There are two side seam pockets at the waist. A textile label on the left chest features the "Silencio" trade name.

The trousers have an elasticized waistband. There are two side seam pockets and a left rear pocket secured by a flap with a "VELCRO"-type fastener below the waist. At the bottom of each trouser leg there is an elasticized ankle cuff and a zipper opening.

Imported with the jacket and trousers is a barrel-shape carry bag. The bag measures approximately seven inches in length and six and three-quarters inches in width. The carry bag is constructed of the same fabric and color as the jacket and trousers and has an opening at the top which is secured by a drawcord with a plastic cord stopper.

The Customs Service has previously ruled that certain bags imported and sold with garments made of the same fabric and same colors are composite goods as that term is defined in the HTS. The classification is based on which portion provides the essential character. In this case it is the jacket and pair of trousers. Therefore, the bag is not regarded as a separate item for duty or quota purposes.

The samples are being returned to you.

You submitted a test report from an independent laboratory certifying that the garments passed the water resistance test. We have not confirmed those results in our own laboratory; however, the Customs officer handling the transaction may choose to do so at the time of importation.

If the jacket and trousers are worn by both males and females and cannot be identified as exclusively men's, then the applicable classification for the garments will be in the HTS subheading covering women's garments.

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 garment will be 6202.93.4500, which provides for other women'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 garment will be 6202.93.5011, which provides for other women's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 28.8 percent ad valorem.

If the trousers pass 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 garment will be 6204.63.3000, which provides for other women's or girls' water resistant trousers or breeches, of synthetic fibers. The duty rate will be 7.4 percent ad valorem.

If the trousers do not pass the water resistance test, then the applicable HTS subheading for the garment will be 6204.63.3510, which provides for other women's trousers and breeches: of synthetic fibers. The duty rate will be 29.7 percent ad valorem.

The jacket falls within textile category designation 635. The trousers fall within textile category designation 648. Based upon international textile trade agreements products of Taiwan 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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