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NY D80125




July 24, 1998

CLA-2-62:RR:NC:WA:357 D80125

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3030; 6201.93.3000; 6201.93.3511 6210.40.5020

Ms. Julie M. Dausman
Ex Officio, Inc.
1419 Elliott Avenue West
Seattle, Washington 98119

RE: The tariff classification of two man's jackets with waistbags from China

Dear Ms. Dausman:

In your letters dated June 26, 1998 and July 1, 1998, you requested a classification ruling.

Two samples were submitted as follows: Style number 1221110, "Convertible Jacket", is a man's thigh-length jacket constructed of an outershell composed of a woven brushed 100% nylon fabric which has a clear polyurethane coating on the inner surface. The jacket has a contrasting color lining in the body which is of the same fabric as the shell. The lining features a partial 100% "Hydrofil" mesh insert on the upper portion of the back panel which is used for ventilation. The garment is lined in the sleeves with a woven 100% nylon fabric.

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

The jacket has a snap-off detachable hood with a drawcord tightening and a full front opening secured by a double pull zipper closure. The jacket features zip-off sleeves allowing the jacket to be worn as a vest. There are two bellows chest pockets with flaps which are secured by "VELCRO"-type fasteners. Above the left chest pocket there is a self-fabric tab with a "VELCRO"-type fastener and below the pocket there is a textile loop with a plastic D-ring. On the top portion of the right chest pocket there is a sewn-on textile label featuring the "EX OFFICIO" trade name. The garment has an inner drawcord tightening at the waist. Below the waist there is a triple entry left pocket and a double entry right pocket which has an addditional zippered pocket above it. Both the left and right pockets are secured by "VELCRO"-type fasteners. The garment has three inner mesh pockets, an inner zippered pocket, long sleeves with a snap closure on the sleeve cuffs, two side seam vents at the bottom hem and two side vents on the back panel which cover the mesh lining. The front and back yokes are quilted in a diamond pattern to a nonwoven batting.

Style number 1221340, "Monsoon Jacket", is a man's thigh-length jacket constructed of a shell composed of a woven 100% nylon fabric which has a visible polyurethane coating on the inner surface.

The jacket has an integral hood which features a self- fabric tab with a "VELCRO"-type fastener and a drawcord tightening. The hood can be rolled up and secured by inserting the self-fabric tab through a loop located at the back of the neck. The garment has a full front opening secured by a double pull zipper closure. A double overlapping flap with seven snaps covers the zipper area. The garment has an inner drawcord at the waist, two zippered front pockets below the waist, a pocket on the left sleeve which has a flap with a "VELCRO"-type fastener and a textile label with the "EX OFFICIO" trade name, an inner drawcord tightening at the bottom hem and tabs with "VELCRO"-type fasteners on the sleeve cuffs.

Imported with each jacket is a "Lower Lumbar/Stuff Sack" waistbag of the same fabric as the jacket, in a barrel shape and approximately 16 inches in length. The bag has round woven fabric inserts on each end, a zipper opening along the length and two textile straps with a plastic buckle. The wearer can carry the bag by fastening the straps around the waist. You indicate in your letter that the "Lower Lumbar/Stuff Sack" will be sold with the "Convertible Jacket" and the "Monsoon Jacket" and are marketed as a bag to store the jacket when not in use.

The waistbag is a man-made textile travel bag of a kind not normally sold at retail with the garment. The bag is substantially constructed and is not adapted to the garment nor is it mutually complementary in that neither finishes or completes the other. The bag is not specially shaped nor fitted to contain a particular article nor set of articles. The bag and the garment are not put up to meet a particular need or activity. The bag is a portable means of providing storage and protection to a personal effect, and the garment is designed to be worn by a person. The bag is suitable for repetitive use and if imported with the jacket it will be classified separately.

The samples are being returned to you as you have requested.

If style number 1221110 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 6201.93.3000, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.4 percent ad valorem.

If style number 1221110 does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6201.93.3511, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 28.8 percent ad valorem.

The applicable subheading for style number 1221340 will be 6210.40.5020, 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 men's or boys' garments: of man-made fibers: other anoraks, windbreakers and similar articles. The duty rate will be 7.4 percent ad valorem.

The applicable subheading for both waistbags will be 4202.92.3030, 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.

Each jacket falls within textile category designation 634. Each waistbag falls within textile category designation 670. 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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