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NY C88567


June 19, 1998

CLA-2-62:RR:NC:WA:357 C88567

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511; 6203.43.3500; 6203.43.4010

Ms. Tamee MacMillan

CYRK, Inc.

3 Pond Road

Gloucester, MA 01930

RE: The tariff classification of a man's combination jacket/stuff sack and a man's pair of trousers from Hong Kong, Taiwan, China or Korea

Dear Ms. MacMillan:

In your letter dated June 2, 1998, you requested a classification ruling.

The sample submitted, style number M99-03, consists of a man's combination jacket/stuff sack and a pair of trousers. The jacket/stuff sack and the pair of trousers are constructed of a woven crinkle 100% nylon taffeta fabric. In a phone conversation you stated that both the jacket/stuff sack and the pair of trousers have a polyurethane coating.

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

When the jacket/stuff sack is worn as a jacket it has an integral hood with a drawcord tightening and a partial opening at the neck which is secured by a zipper closure. The hood can be rolled up and concealed within the collar by three "VELCRO"-type fasteners. The garment has long sleeves with elasticized sleeve cuffs, two metal grommets with mesh inserts under each armhole and a drawcord tightening at the bottom hem. The jacket features a handwarmer pocket and a front pouch pocket which has an inner plastic spring clip hanging from a self-fabric textile tab. The pouch pocket is secured by a reversible zipper pull closure. The jacket can be transformed into the stuff sack by inverting the jacket's front pouch pocket, folding the jacket and inserting it into the pocket and securing it by the zipper closure.

When the item is transformed into the stuff sack it allows the wearer to pack and carry the jacket and trousers by folding each garment and securing them within the stuff sack by the zipper closure.

The trousers have an elasticized waistband with an inner drawcord tightening. There are two side seam pockets below the waist and a zippered right rear pocket. At the bottom of each trouser leg there is an elasticized ankle cuff and a zipper opening.

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

If the jacket/stuff sack 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 the jacket/stuff sack 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.

If the trousers pass 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 6203.43.3500 which provides for other men's or boys' water resistant trousers or breeches: of synthetic fibers. The duty rate will be 7.4 percent ad valorem.

If the trousers do not pass the water resistance test, then the applicable HTS subheading for the garment will be 6203.43.4010 which provides for other men's trousers and breeches: of synthetic fibers. The duty rate will be 29 percent ad valorem.

The jacket/stuff sack falls within textile category designation 634. The trousers fall within textile category 647. Based upon international textile trade agreements products of Hong Kong, Taiwan, China or Korea 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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