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NY F86473




May 30, 2000

CLA-2-62:RR:NC:WA:357 F86473

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020; 6210.40.5030

Mr. Stephen W. Marlow
Tower Group International
205 West Service Road
Champlain, N.Y. 12919

RE: The tariff classification of a man's jacket, pair of suspender pants and carry bag from Hong Kong

Dear Mr. Marlow:

In your letter dated May 2, 2000, on behalf of Conrad Kogan, Aka Mystere Sports, you requested a classification ruling.

The sample submitted, style number 227, consists of a man's jacket and a pair of suspender pants. The jacket and the pants are constructed of a shell that is composed of a woven 100% nylon fabric which has a visible polyurethane coating on the inner surface. The jacket is lined with a mesh fabric.

The jacket has a detachable hood with a drawcord tightening, a stand-up collar and a full front opening that is secured by a zipper closure. An overlapping flap with "VELCRO"-type fasteners and two snaps covers the zipper area. The jacket features a reflective strip across the front and rear panels and on the upper portion of the sleeves. The "Rain Rider III" logo is on the left chest. The jacket's waistband is elasticized in the rear and the garment has two sewn-on self-fabric strips that are secured on the front portion of the waist by a plastic buckle. The jacket has two front pockets below the waist that are secured by a flap with a "VELCRO"-type fastener and a straight cut bottom hem.

The pants have sewn-on elasticized suspenders that are secured on the front portion of the waist by adjustable plastic buckles. The garment's waistband is elasticized. The garment has a pocket on the left thigh that is secured by a flap with a "VELCRO"-type fastener. The pocket flap features the "Rain Rider III" logo. At the bottom of each trouser leg there is a zipper opening with a gusset, elastic and a tab with a "VELCRO"-type fastener at the ankle and an elasticized foot strap.

Imported with the jacket and suspender pants is a carry bag composed of the same color and fabric construction as the garments. The bag measures approximately 10-1/2 inches in width and 13 inches in length and is essentially flat when empty. The bag has a sewn-on self-fabric wrist strap and an opening at the top that is secured by a zipper closure.

The Customs Service has previously ruled that similar bags imported and sold with garments of this type are composite goods with the essential character imparted by the garments. Such is the case with this combination. Consequently, the bag is not regarded as a separate item for duty or quota purposes.

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

The applicable subheading for the jacket will be 6210.40.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: other men's or boys' garments: of man-made fibers: other anoraks (including ski-jackets), windbreakers and similar articles. The duty rate will be 7.3 percent.

The applicable subheading for the suspender pants will be 6210.40.5030, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: other men's or boys' garments: of man-made fibers: other trousers, breeches and shorts. The duty rate will be 7.3 percent ad valorem.

The jacket falls within textile category designation 634. The suspender pants fall within textile category designation 647. 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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