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NY F81545




January 24, 2000

CLA-2-62:RR:NC:WA:357 F81545

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.30.5000; 4202.92.3031

Ms. Esta Knipper
UTC Overseas, Inc.
55 Inip Drive
Inwood, New York 11096

RE: The tariff classifications of two woman's raincoats with travel bags from China; Visibly Coated

Dear Ms. Knipper:

In your letter dated January 4, 2000, on behalf of your client Kenneth Barnard Ltd., you requested a classification ruling.

Two samples were submitted as follows: Style number 5744 is a woman's full-length raincoat that extends to the ankle area. The raincoat is constructed of an outershell that is composed of a woven 100% polyester fabric that is laminated on the inner surface with a visible 2000mm polyurethane coating. The raincoat has a lining composed of a woven man-made fiber fabric and an additional zip-out liner. The liner is composed of a woven man-made fiber fabric that is quilted in a diamond pattern to a nonwoven batting fill. The liner is not of a kind that can be worn separately.

In a phone conversation you indicated that the liner may be imported with the raincoat.

The raincoat features an attached hood which can be rolled up and concealed within the garment's collar by a zipper, a full front opening secured by eight right-over-left button closures, free hanging front and back yokes, a drawcord tightening and elastic at the waist, two front pockets with buttoned flaps below the waist, an inner pocket with a "VELCRO"-type fastener and adjustable buttoned closures on the sleeve cuffs.

Style number 5229 is a woman's short raincoat that extends to the mid-thigh area. The raincoat is constructed of an outershell that is composed of a woven 100% polyester fabric, which is laminated on the inner surface with a visible 2000mm polyurethane coating. The raincoat is lined with a woven man-made fiber fabric. The raincoat has a double breasted style full front opening that is secured by three right-over-left button closures, a self-fabric belt with a plastic buckle that is held to the garment by two belt loops, two front slash pockets below the waist, three inner pockets (two of which are secured by zippers) and self-fabric adjustable bands on the sleeve cuffs.

Imported with each raincoat is a travel bag. Each travel bag is constructed of the same 100% polyester fabric as the raincoat. The travel bag of style number 5744 measures approximately 12 inches in width and 11-1/2 inches in height, has a flap with a "VELCRO"-type fastener and a textile label with the "Travel Smith" logo on the front panel, a zippered pocket on the back panel, a shoulder strap and a swagger strap. The travel bag of style number 5229 measures approximately 14 inches in width and 13 inches in height and has a flap with a "VELCRO"-type fastener and a textile label with the "Travel Smith" logo on the front panel.

Both travel bags are of a kind not normally sold at retail with a garment. Each travel bag is substantially constructed and is not adapted to the garment nor is it mutually complementary in that neither finishes or completes the other. Each travel bag is not specially shaped nor fitted to contain a particular article nor set of articles. Each travel bag and raincoat are not put up to meet a particular need or activity. Each travel bag is a portable means of providing storage and protection to a personal effect and each raincoat is designed to be worn by a person.

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

The applicable subheading for each raincoat will be 6210.30.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 and 5907: other garments, of the type described in subheadings 6202.11 to 6202.19: of man-made fibers: other. The duty rate will be 7.3 percent ad valorem.

The applicable subheading for each travel bag will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers: other. The duty rate will be 18.6 percent ad valorem.

Each raincoat falls within textile category designation 635. Each travel bag falls within textile category designation 670. Based upon international textile trade agreements products of China 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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