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NY E89821




November 12, 1999

CLA-2-62:RR:NC:WA:357 E89821

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511; 6202.93.4500; 6202.93.5011; 6203.43.3500; 6203.43.4010; 6204.63.3000; 6204.63.3510; 6211.43.0076; 6216.00.5420

Ms. Tarena Jones
InSport International, Inc.
1870 N.W. 173rd Avenue
Beaverton, Oregon 97006

RE: The tariff classification of a man's jacket and a woman's jacket, a woman's vest, a man's pair of trousers and a woman's pair of trousers and a pair of mittens from Hong Kong

Dear Ms. Jones:

In your letter dated October 18, 1999, you requested a classification ruling.

Five samples were submitted as follows: Style number J373, "Windproof Jacket", is a man's hip-length jacket which is constructed of a shell composed of a woven 100% nylon fabric. The jacket has a stand-up collar and a full front opening that is secured by a double pull zipper closure that extends to the top of the garment's collar. The jacket has two front zippered pockets, long sleeves with elasticized cuffs and a drawcord through the bottom hem. Pulling the plastic cord locks on each side of the bottom hem can tighten the drawcord. The inner portion of the garment's collar and pockets are lined with a knit mesh fabric. The jacket has reflective piping on each side of the back panel and along the length of the front panels. A portion of the jacket's back yoke hangs freely in the center. The "In Sport" logo is embroidered onto the lower portion of the left sleeve. The jacket's bottom hem is cut straight and is shorter in the front and is cut round and is longer in the back.

Style number F373, "Windproof Jacket", is a woman's hip-length jacket that is constructed of a shell composed of a woven 100% nylon fabric. The jacket has a stand-up collar and a full front opening which is secured by a double pull zipper closure that extends to the top of the garment's collar. The jacket has two side seam zippered pockets above the waist, long sleeves with elasticized cuffs, an elasticized drawcord on the inner portion of the waist and a peplum bottom with two side seam vents below the waist. Pulling the plastic cord locks located on each side of the garment's waist can tighten the drawcord. The garment has reflective piping across the front and back yoke. The back panel features a free-hanging back yoke. The "In Sport" logo is embroidered onto the left sleeve. The jacket is lined on the inner portion of the collar, in the pockets and on the lower portion of the front and back panels with a knit mesh fabric. The garment's bottom hem is shorter in the front and longer in the back.

Style number J274, "Windproof Pant", is a man's pair of trousers constructed of a shell composed of a woven 100% nylon fabric. In a phone conversation you indicated that the identical style trousers will also be imported in the same fabric under style number F274 in women's sizes. Cutting specifications were submitted. The trousers have an elasticized waistband with an inner drawcord tightening. There are two side seam pockets and a zippered right rear pocket below the waist. Each pocket is lined with a mesh fabric. At the bottom of each trouser leg there is an elasticized ankle cuff and a zipper opening. The garment has reflective piping along the length of the zipper opening. The "In Sport" logo is featured on the left ankle.

Style number F374, "Windproof Vest", is a woman's hip-length vest. The vest is constructed of a shell composed of a woven 100% nylon fabric with knit mesh fabric inserts on each side of the front and back panels. The mesh fabric inserts are approximately 4-1/2 inches wide and extend from the edge of the nylon shell fabric to the side seams. The garment has reflective piping which is sewn along the edge of the nylon shell fabric on both the front and back panels. The garment is lined with the same mesh fabric on the inner portion of the collar and on the inner portion of the nylon shell fabric below the waist. The vest is sleeveless with oversized armholes, has a stand-up collar and a full front opening secured by a double pull zipper closure that extends to the top of the garment's collar. The vest has two handwarmer pockets above the waist, an inner drawcord at the waist which can be tightened by pulling the plastic cord locks on each side of the waist and two side seam vents at the bottom hem. The bottom hem is cut straight and is shorter in the front and is cut round and is longer in the back. The "In Sport" logo is embroidered on the back portion of the collar.

Style number U071 is an unlined mitten constructed of a woven 100% nylon fabric. The mitten features a fully elasticized wrist, a hemmed cuff and reflective fabric piping sewn into a diagonal seam across the back of the hand.

In a phone conversation you indicated that the nylon fabric used to construct each garment has a DWR polyurethane coating.

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

The samples are being returned to you.

If style number J373 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 style number J373 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 28.6 percent ad valorem.

If style number F373 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 women's anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.4 percent ad valorem.

If style number F373 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.

If style number J274 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 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 style number J274 does 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 28.8 percent ad valorem.

If style number F274 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 6204.63.3000, which provides for other women's or girls' water resistant trousers or breeches, of synthetic fibers. The duty rate will be 7.4 percent ad valorem.

If style number F274 does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6204.63.3510, which provides for other women's trousers and breeches: of synthetic fibers. The duty rate will be 29.5 percent ad valorem.

The applicable subheading for style number F374 will be 6211.43.0076, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women's or girls': of man-made fibers, vests: other. The duty rate will be 16.5 percent ad valorem.

The applicable subheading for style number U071 will be 6216.00.5420, Harmonized Tariff Schedule of the United States (HTS), which provides for gloves, mittens and mitts: other: of man-made fibers: other: without fourchettes, other. The duty rate will be 21.4 cents/kg + 10.7 percent ad valorem.

Style number J373 falls within textile category designation 634. Style number F373 falls within textile category designation 635. Style number J274 falls within textile category 647. Style number F274 falls within textile category 648. Style number F374 falls within textile category 659. Style number U071 falls within textile category 631. Based upon international textile trade agreements products of Hong Kong 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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