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NY C89985


July 23, 1998

CLA-2-62:RR:NC:3:353 C89985

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5030

Mr. Royal Wright

Panalpina Inc.

8600 West Royal Lane

Irving, TX 75063

RE: The tariff classification of motorcycle pants from Korea.

Dear Mr. Wright:

In your letter dated July 9, 1998, on behalf of Tucker Rocky/Nempco, you requested a classification ruling.

Two samples of motorcycle pants were submitted with your request. Both pairs of pants are visibly coated on the inner surface with a coating of plastic. MSR World Tour pants consist of 54% nylon woven fabric, 16% polyester and 10% kevlar fabric. The garment is designed with a knit lining, rib knit cuffs at the ankle, a knit stretch fabric panel down the outside of each leg, and a zippered fly. There is approximately a six inch strap with a plastic buckle sewn onto the right side outer waist. The pants have plastic patches with logos sewn in at various locations. The Answer Team 2 pants consist of 64% nylon woven fabric, and 16% polyester fabric. The basic design features are the same as the MSR World Tour pants.

Heading 5903 provides for textile fabrics impregnated, coated, covered or laminated with plastics (except tire cord which is provided for in heading 5902). In order for a fabric to be considered a fabric of heading 5903, the impregnation, coating or covering of plastics must be visible to the naked eye as required by Note 2(a) (1) of Chapter 59, with no account taken of any resulting change in color.

It is Customs view that the wording of Note 2(1) (1), visible to the naked eye, is clear expression by the drafters of the Harmonized System that a significant, if not substantial, amount of material must be added to a fabric for it to be considered impregnated, coated or covered. The plastics material added to a fabric must be visibly distinguishable from that fabric without the use of magnification. Customs believes this criterion is satisfied when the application of plastics material visibly affects the surface character of the fabric. In such an instance, the naked eye is seeing the plastics.

Applying the statutory test to the submitted sample, using normally corrected vision in a well lighted room, this office believes that the plastic application on the inner shell is visible to the naked eye. Therefore, the fabric is classifiable as fabric of heading 5903.

The applicable subheading for the motor cycle pants, MSR World Tour and The Answer Team 2 will be 6210.40.5030, 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: Other, Trousers, breeches and shorts." The duty rate will be 7.4% ad valorem.

The motor cycle pants, MSR World Tour and The Answer Team 2 fall within textile category designation 647. Based upon international textile trade agreements products of Korea are subject to quota 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 Kenneth Reidlinger at 212-466-5881.

Sincerely,


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