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NY C87321




May 27, 1998

CLA-2-62:RR:NC:WA:357 C87321

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.2020; 6203.43.4010

Ms. Susan Hou
Marmot Mountain Ltd.
2321 Circadian Way
Santa Rosa, CA 95407

RE: The tariff classification of a man's padded sleeveless jacket and pair of trousers from China

Dear Ms. Hou:

In your letter dated April 28, 1998, you requested a classification ruling.

Two samples were submitted as follows: Style number 5618 is a man's padded sleeveless jacket. The garment is constructed of a woven 100% nylon fabric on the front panels, on the outer portion of the collar and along the upper portion of the back yoke. You state the nylon woven fabric has a silicon finish for water repellency. The back panel and approximately a 2-1/2 inch portion on each side of the front panel is constructed of a knit Polartec 100PS Power Stretch 60% polyester/30% nylon/10% lycra fabric. The nylon portion of the front panel is lined with "DriClime", a 100% polyester knit fabric.

The padded sleeveless jacket has a stand up collar and a full front opening secured by a zipper closure. There is a zippered pocket on the right chest.

Style number 5622 is a man's pair of trousers. The front portion of the trousers is constructed of a woven 100% nylon fabric which you state has a silicon finish for water repellency. The back portion of the trousers is constructed of a knit Polartec 100PS Power Stretch 60% polyester/30% nylon/10% lycra fabric. The nylon portion of the trouser is lined with "DriClime", a 100% polyester knit fabric. The trousers have an elasticized waistband with a self-fabric tab on each side which is secured by a snap closure. Along the entire length of each trouser leg there is a side seam zipper opening with an elasticized ankle cuff at the bottom which is secured by a self-fabric tab with a snap closure.

The samples are being returned to you as you have requested. The water repellent finish on the woven portions does not affect the classification of these garments inasmuch as they are each comprised in significant part of untreated fabric. In addition, padded sleeveless jackets of man-made fiber fabrics are not eligible for water resistant classification.

The applicable subheading for the padded sleeveless jacket will be 6201.93.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys' anoraks, windbreakers and similar articles, of man-made fibers: other: padded, sleeveless jackets, other. The duty rate will be 16.2 percent ad valorem.

The applicable subheading for the pair of trousers will be 6203.43.4010, Harmonized Tariff Schedule of the United States (HTS), which provides for other men's trousers and breeches: of synthetic fibers. The duty rate will be 29 percent ad valorem.

The padded sleeveless jacket falls within textile category designation 659. The trousers fall within textile category designation 647. Based upon international textile trade agreements products of 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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