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NY C87037




May 21, 1998

CLA-2-62:RR:NC:WA:357 C87037

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.13.4015; 6202.13.4005; 4202.92.3031

Mr. Martin L. Weiss
AMK International Services, Inc.
80 Sheridan Boulevard
Inwood, New York 11096

RE: The tariff classification of a man's raincoat from Taiwan and two woman's raincoats with carry bags from Hong Kong

Dear Mr. Weiss:

In your letter dated April 21, 1998, on behalf of your client, Kenneth Bernard, you requested a classification ruling.

The following samples were submitted: Style number 9835 is a man's knee-length raincoat constructed of an outershell composed of a woven man-made fiber fabric which you state has a 600mm polyurethane coating. The garment features a woven fabric lining, a double collar of which the outer collar is composed of leather and is detachable and a woven fabric detachable liner that is held to the garment by buttons. The liner is not of the type that can be worn separately. The raincoat has a full front opening secured by six left-over-right button closures, two front pockets with flaps below the waist and adjustable button tabs on the sleeve cuffs. There are two side seam vents at the bottom hem.

Style number 5269 is a woman's raincoat which extends to the mid-calf in length. The raincoat is constructed of an outershell composed of a woven man-made fiber fabric which you state has a 600mm polyurethane coating. The raincoat has a woven man-made fabric lining and a woven zip-out man-made fabric liner which is quilted in a diamond pattern to a nonwoven "Thermolite" insulation. The liner is not of a kind that can be worn separately. The raincoat features an attached hood which can be rolled up and concealed within the garment's collar by a zipper, a full front opening secured by eight right-over-left button closures, free hanging front and back yokes, a drawcord tightening and elastic at the waist, two front pockets with buttoned flaps below the waist and adjustable button closures on the sleeve cuffs.

Style number 5268 is a shoulder tote that will be imported with style number 5269. The shoulder tote is constructed of the same man-made fiber fabric as the raincoat and measures approximately 12 inches in width by 12 inches in height. The tote has a shoulder strap and swagger strap, a flap with a "VELCRO"-type fastener on the front and one exterior zipper on the back.

Style number 5229 is a woman's raincoat which extends to the mid-thigh in length. The raincoat is constructed of an outershell composed of a woven man-made fiber fabric which you state has a 600mm polyurethane coating. The garment is also lined with a woven man-made fabric. The raincoat has a double breasted style full front opening secured by three button closures, a detachable self-fabric belt with a buckle that is held to the garment by two belt loops, two front slash pockets below the waist and self-fabric adjustable bands on the sleeve cuffs.

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

Imported with style number 5229 is an envelope style carrying bag. The carry bag is constructed of the same man-made fabric as the raincoat and measures 13 and 1/2 inches in width and 12 inches in height. The bag has a flap with a "VELCRO"-type fastener in the front and a swagger strap.

The shoulder tote, style number 5268, and the envelope style carrying bag imported with style number 5229 are of a kind not normally sold at retail with a garment. The shoulder tote and carrying bag are substantially constructed and are not adapted to the garments nor are they mutually complementary in that neither finishes or completes the other. The shoulder tote and the carrying bag are not specially shaped nor fitted to contain a particular article nor set of articles. The shoulder tote and the raincoat and the carrying bag and the raincoat are not put up to meet a particular need or activity. The shoulder tote and the carrying bag are a portable means of providing storage and protection to a personal effect, and the raincoats are designed to be worn by a person.

The samples are being returned to you.

The applicable subheading for style number 9835 will be 6201.13.4015, Harmonized Tariff Schedule of the United States (HTS), which provides for men's overcoats, carcoats, capes, cloaks and similar coats of man-made fibers: other: raincoats. The duty rate will be 28.8 percent ad valorem.

The applicable subheading for style number 5269 and 5229 will be 6202.13.4005, Harmonized Tariff Schedule of the United States (HTS), which provides for women's overcoats, carcoats, capes, cloaks and similar coats of man-made fibers: other: raincoats. The duty rate will be 28.8 percent ad valorem.

The applicable subheading for the shoulder tote and the carrying bag will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers: other. The duty rate will be 19 percent ad valorem.

Style number 9835 falls within textile category designation 634. Based upon international textile trade agreements products of Taiwan are presently subject to quota restraints and the requirement of a visa.

Style numbers 5269 and 5229 fall within textile category designation 635. Style number 5268 and the carrying bag of style number 5229 fall within textile category designation 670. Based upon international textile trade agreements products of Hong Kong 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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