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NY D85625




December 30, 1998

CLA-2-62:RR:NC:3:353 D85625

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.10.9040

Mr. Ken Rosen
Rain Shield, Inc.
1149 Devonshire Curve
Bloomington, MN 55431

RE: The tariff classification of a unisex rain jacket from Korea and Mexico.

Dear Mr. Rosen:

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

The submitted sample is a unisex rain jacket that is made of a waterproof plastic polypropylene membrane that has been thermally laminated to a nonwoven olefin fabric. The hip length rain jacket has a hood with a drawstring, a zipper front closure and elasticized cuffs.

The applicable subheading for the unisex rain jacket will be 6210.10.9040, Harmonized Tariff Schedule of the United States (HTS), which provides for "Garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: Of fabrics of heading 5602 or 5603: Other: Other: Other...Other." The general duty rate will be 16.6% ad valorem in 1998 and 16.5% ad valorem in 1999.

The unisex rain jacket falls within textile category designation 659. Based upon international textile trade agreements products of Korea are subject to quota and the requirement of a visa, products of Mexico are not subject to quota or 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,

Robert B. Swierupski
Director,

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