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September 13, 1999

CLA-2-62:RR:NC:WA:357 E85892

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500; 6202.93.5011

Mr. Michael Antunes
Norman Krieger, Inc.
5761 W. Imperial Hwy.
Los Angeles, CA 90045

RE: The tariff classification of a unisex combination pullover windbreaker-type jacket/waistbag/knapsack; Composite good; from Japan

Dear Mr. Antunes:

In your letter dated August 11, 1999, on behalf of Dick Byers, Inc., you requested a classification ruling.

The sample submitted, style number 654069 “Parka Sack”, is a combination pullover windbreaker-type jacket/waistbag/knapsack which is constructed of a woven 100% nylon fabric. Information you submitted in a fax indicates that the item is unisex. In a phone conversation you stated that the garment has an acrylic coating for water resistance.

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

The jacket portion of the article has an integral hood with a drawcord tightening and a partial opening at the neck, which is secured by a zipper closure. The jacket has long sleeves with elasticized cuffs and an elasticized drawcord through the bottom hem that can be tightened by pulling the plastic rings that are attached on each side of the drawcord. The jacket has an overlay of fabric below the front and back yokes. The overlay fabric extends across the front and back panels and covers a zipper that encircles the entire jacket. A half portion of the zipper is on the front panel and has a tab with a snap closure. The other half portion of the zipper is on the back panel and has a plastic hook hanging from a self-fabric loop on each end. To convert the jacket into the knapsack the upper portion of the jacket including the hood and sleeves can be folded and secured within by attaching the half zipper on the front panel to the half zipper on the back panel, pulling the drawcord at the bottom hem closed and attaching the plastic hooks located on the back panel to the plastic rings on each side of the drawcord closure. By pulling the drawcord closed and attaching the plastic hooks to the plastic rings two arm straps are created enabling the wearer to carry the item on his back.

On the lower portion of the front panel there is a double entry front pocket that features a handwarmer opening on each side and is secured at the top by a double pull zipper closure. Sewn into the zippered portion of the pocket are two straps composed of elastic and textile with a plastic loop and a “VELCRO”-type fastener. To convert the jacket into the waistbag the wearer can unzip and invert the front pocket, fold the jacket into the pocket and secure it by the zipper closure. The item can be worn as a waistbag by fastening the straps around the wearer’s waist and securing it with the plastic loop and “VELCRO”-type fastener.

The sample is being returned to you.

In accordance with GRI 3(c) of the Harmonized Tariff Schedules when goods cannot be classified by reference to GRI Rule 3(a) or 3(b), they are to be classified in the heading which occurs last in numerical order among those which equally merit consideration in determining their classification. In this case neither the jacket nor the knapsack nor the waistbag provides the essential character. Therefore, classification will be as a jacket based on the above.

In accordance with Legal Note 8 to Chapter 62, HTS, garments not identifiable as men’s or women’s are classifiable as women’s.

If the jacket/knapsack/waistbag 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 6202.93.4500, which provides for other woman’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/knapsack/waistbag does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6202.93.5011, which provides for other women’s anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 28.6 percent ad valorem.

The jacket/knapsack/waistbag falls within textile category designation 635. Based upon international textile trade agreements products of Japan are presently subject to quota restraints and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 212-637-7076.

Sincerely,

Robert B. Swierupski
Director,

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