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NY C88174


June 18, 1998

CLA-2-62:RR:NC:WA:357 C88174

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020; 6210.40.5030

Mr. Jay Fox

Eddie Bauer, Inc.

P.O. Box 97000

Redmond, Washington 98073-9700

RE: The tariff classification of two men's jacket and a man's pair of zip-off bib pants from China

Dear Mr. Fox:

In your letters dated May 26, 1998 and June 4, 1998, you requested a classification ruling.

Three samples were submitted as follows: Style number 33832022 is a man's pair of trousers with a zip-off back bib. The garment is constructed of a shell composed of a woven black 100% nylon fabric. The garment is lined with a woven 100% nylon fabric.

You also submitted for our examination with the sample a black fabric swatch identified as FC 57611 which has a "Teflon" and a polyurethane foam coating on the inner surface. You indicate that the swatch represents the shell fabric and coating that will be used in the production of the garment when it is imported into the U.S.

The trousers feature an elasticized waistband with an inner drawcord tightening. There is no opening at the waist. On the back of the waistband there is a zip-off bib with elasticized suspenders. The suspenders are secured to each side of the front waistband by a plastic buckle and a tab with a "VELCRO"-type fastener. The garment has a fly front zipper opening and two zippered front pockets below the waistband. There is a full side seam zipper opening along the outer portion of each trouser leg which is secured by a double pull zipper closure. Two overlapping flaps which feature a snap closure on the waist, five "VELCRO"-type fasteners along the length of each leg and a snap closure on the ankle cuffs cover the side seam zippers. At the bottom of each ankle cuff there is an inner elastic snow cuff with a snap closure and "VELCRO"-type fastener.

Style number 33832025 is a man's jacket. The shell of the jacket is constructed of contrasting spruce (dark green) fabric inserts and black fabric inserts, both of which are composed of a woven 100% nylon fabric. The majority of the garment's front and back panels, sleeves and hood are composed of the spruce color fabric. The jacket is lined with a woven 100% nylon fabric which is quilted to a nonwoven polyester insulation.

You also submitted for our examination with the sample three fabric swatches. Two of the swatches are in the colors spruce and royal blue, are identified by the number FC 57611 and have a visible "Teflon" and polyurethane foam coating on the inner surface. The third fabric swatch is in the black color, is identified by the name "Ambush 330d Cordura", and has a clear polyurethane coating on the inner surface. You indicate that the swatches represent the different color shell fabrics and coatings that will be used in the production of the garment when imported into the U.S.

The jacket has a stand-up collar, a detachable zip-off hood with a drawcord tightening and a full front opening secured by a zipper closure. An overlapping flap with six snaps covers the front zipper area. The hood can be rolled up and secured at the back of the garment's collar by a textile strap with a plastic buckle. The garment features two front zippered pockets, an elasticized waistband and long sleeves with a "VELCRO"-type fastener tab and elastic tightening on the sleeve cuffs.

Style number 33832024 is a man's ski-jacket. Your inquiry and a phone conversation did not provide enough information for us to give a classification ruling for this garment. You must provide a sufficient sample, swatches and information as to the construction of the outershell fabric and the type of coating that will be used on each portion of the garment.

The samples are being returned to you.

The applicable subheading for style number 33832025 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 (including ski-jackets), windbreakers and similar articles. The duty rate will be 7.4 percent ad valorem.

The applicable subheading for style number 33832022 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: of man-made fibers: other trousers, breeches and shorts. The duty rate will be 7.4 percent ad valorem.

Style number 33832025 falls within textile category designation 634. Style number 33832022 falls 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,


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