NY NY369 - The tariff classification of five garments from China. - United States International Trade Commision Rulings

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A88349

OCTOBER 31 1996

CLA-2-62:K:TC:C8:I18 A88349

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511; 6203.43.3500; 6203.43.4010; 6210.40.5020; 6210.40.5030

Mr. Angel L. Cooper

A. N. Deringer, Inc.

173 W. Service Road

Champlain, N.Y. 12919

RE: The tariff classification of five garments from China.

Dear Mr. Cooper:

In your letter dated October 3,1996, you requested a classification ruling on behalf of Black Arrow Inc., 2889, rue Kepler, Ste-Foy, Quebec, Canada.

The submitted samples, styles Product Code [PC] 50119/50124, PC 50125/50130, PC 50101/50106, PC 50131/50136 and PC 50107/50112, are men's garments. PC 50119/50124 is a jacket. It is manufactured from woven nylon fabric which has been coated with PVC. The garment features a full front opening secured with a zipper and a storm flap. The long sleeves have velcro tabs and the bottom has a drawstring tightening. Also featured are slanted pockets and a hood.

PC 50125/50130 is a pull-on pant. It is manufactured from woven nylon fabric which has been coated with PVC. The garment features a partially elasticized waistband with a drawstring tightening, partially elasticized cuffs, zippered ankle openings and a rear pocket secured with a zipper.

PC 50101/50106 is a jacket. The outer shell is manufactured from nylon woven fabric which has been coated with PVC. The full front opening is secured with a zipper and a storm flap. Also featured are an elasticized waistband with a fabric tie secured by clasps, long sleeves with velcro tabs, a hood, a hemmed bottom and a rib knit collar. All the pockets are secured with velcro.

PC 50131/50136 is a pair of trousers. They are manufactured from woven nylon fabric which has been coated with PVC. The pant is supported by elasticized straps measuring 1 ½ inches in width. The trousers have an approximate 4 inch rise above the natural waist. The fly front is secured by a zipper and storm flap with velcro. The leg openings are adjusted with velcro tabs. Also there are two patch pockets on the front.

PC 50107/50112 is a jacket. It is manufactured from 65% polyester and 35% cotton fabric which has been coated with PVC. The full front opening is secured with a zipper and storm flap. The long sleeves are attached to the body with zippers. They have partially elasticized cuffs with velcro tabs. The waistband is elasticized. A hood is rolled into the collar and secured with a zipper. There are patch pockets of various sizes covering the front of the jacket. The samples will be returned as requested.

PC 50119/50124 and PC 50125/50130 are not visibly coated as that term is defined in the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), therefore, subheading 6210 would not apply. The coatings on PC 50101/50106, 50119/50124 and 50107/50112 are visible but do not completely obscure the underlying fabrics.

If PC 50119/50124 passes the water resistance test as specified in HTSUSA, Chapter 62, U.S. note 2, then the applicable subheading will be 6201.93.3000, HTSUSA, which provides for anoraks (including ski-jackets), windbreakers and similar articles . . . of man-made fibers: other

. . . other: water resistant. The duty rate will be 7.5% ad valorem.

If PC 50119/50124 does not pass this test, then the applicable subheading will be 6201.93.3511, HTSUSA, which provides for anoraks (including ski-jackets), windbreakers and similar articles . . . of man-made fibers: other . . . other: men's. The duty rate will be 29.1% ad valorem.

If PC 50125/50130 passes the water resistance test as specified in HTSUSA, Chapter 62, U.S. note 2, then the applicable subheading will be 6203.43.3500, HTSUSA, which provides for trousers, bib and brace overalls, breeches and shorts: of synthetic fibers: other . . . other: water resistant trousers or breeches: men's. The duty rate will be 7.5% ad valorem.

If PC 50125/50130 does not pass the this test then the applicable subheading will be 6203.43.4010, HTSUSA, which provides for trousers, bib and brace overalls, breeches and shorts: other . . . other: trousers and breeches: men's. The duty rate will be 29.3% ad valorem.

The applicable subheading for PC 50101/50106 and PC 50107/50112 will be 6210.40.5020, HTSUSA, 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 (including ski-jackets), windbreakers and similar articles. The duty rate will be 7.5% ad valorem.

The applicable subheading for PC 501131/501136 will be 6210.40.5030, HTSUSA, which provides for garments, made up of fabrics of heading 5602,5603, 5903, 5906 and 5907: other: men's or boys' garments: of man-made fibers: other: trousers, breeches and shorts. The duty rate will be 7.5% ad valorem.

PC50119/50124, PC 50101/50106 and PC 50107/50112 fall within textile category designation 634. PC 50131/50136 and PC 50125/ 50130 fall within textile category designation 647. As products of China, this merchandise is subject to a visa requirement and quota restraints based upon international textile trade agreements.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since 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.

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

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