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NY E89724




December 10, 1999

CLA-2-62:RR:NC:WA:357 E89724

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511; 6203.43.3500; 6203.43.4010

Mr. Mike Martin
Melex Customhouse Brokers, Inc.
2005 NW 70 Ave.
Miami, Fl. 33122

RE: The tariff classification of three men's jackets and a pair of high rise suspender pants from Armenia

Dear Mr. Martin:

In your letter dated November 5, 1999, on behalf of Vostok Service International, Inc., you requested a classification ruling.

Three samples, a swatch of fabric, a catalog with illustrations and style numbers and a fax were submitted for our examination. Style number 201, "ScintilLoft Anorak", is a man's jacket that extends to the knee area in length, style number 202, "ScintilLoft Jacket", is a man's hip-length jacket and style number 301, "ScintilLoft Overalls", is a man's pair of high rise suspender pants. Each garment is constructed of an outershell that is composed of a woven 420 denier 100% nylon fabric which has a polyurethane coating on the inner surface. Each garment is lined with a woven 100% nylon fabric and has a nonwoven Dupont "Hollofil" 808 polyester batting insulation. The nonwoven batting insulation is quilted to both the shell fabric and the lining fabric.

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

Style number 201 has an integral hood that is lined with synthetic fur. A drawcord tightening and a tab with a "VELCRO"-type fastener at the chin secure the hood. The jacket features a full front opening that is secured by a double pull zipper closure. A left-over-right overlapping flap with five snaps covers the zipper area. The garment has long sleeves with ribbed-knit fabric cuffs, a left chest pocket that is secured by a flap with a snap closure, an elasticized rear waist, a textile webbed belt with a plastic buckle on the front waist, two large front pockets below the waist and a straight cut bottom hem. The left chest pocket has a rubberized emblem that features the "Scintillate" logo.

Style number 202 has a detachable hood that is held to the jacket by two snaps. A drawcord tightening and a tab with a "VELCRO"-type fastener at the chin secure the hood. The hood and the outer portion of the jacket's collar are lined with a synthetic fur. The jacket has a full front opening secured by a double pull zipper closure, a left-over-right overlapping flap with four snaps that covers the zipper area, long sleeves with ribbed-knit fabric cuffs, two front slash pockets at the waist, an inner pocket and a ribbed-knit fabric waistband. A rubberized emblem that features the "Scintillate" logo is on the left chest.

Style number 301 has a front opening that is secured by a zipper closure. A left-over-right overlapping flap with three snaps covers the zipper area. The top portion of the garment's front panel does not extend sufficiently above the natural waistline to be considered overalls. The garment's back panel extends approximately 8-1/2 inches higher than the front panel. The garment has sewn-on elasticized suspenders with adjusters, two front pockets and a left rear pocket. A rubberized emblem on the left pocket features the "Scintillate" logo. The garment has an opening at the bottom of each trouser leg that extends to the thigh area. The opening is secured by a zipper closure. An overlapping flap with four snaps covers the zipper area.

In your letter you indicate that the cutting of the material and assembling of the garments are done abroad, therefore HTS 9802 is not applicable.

You further indicate that women's garments will also be imported. We cannot issue a classification for the women's garments without the submission of samples for our examination.

The samples are being returned to you.

If style numbers 201 and 202 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 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. The rate of duty for the year 2000 will be 7.3 percent ad valorem.

If style numbers 201 and 202 do not pass the water resistance test, then the applicable HTS subheading for the garments 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. The rate of duty for the year 2000 will be 28.4 percent ad valorem.

If style number 301 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. The rate of duty for the year 2000 will be 7.3 percent ad valorem.

If style number 301 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. The rate of duty for the year 2000 will be 28.6 percent ad valorem.

Style numbers 201 and 202 fall within textile category designation 634. Style number 301 falls within textile category 647. Based upon international textile trade agreements products of Armenia are not presently subject to quota restraints nor the requirement of a visa.

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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