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NY F89681





July 28, 2000

CLA-2-62:RR:NC:WA:357 F89681

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500; 6202.93.5011; 6204.63.3000; 6204.63.3510; 6211.43.0076

Mr. Ryan Rombalski
Forrester's
1875 S.E. Belmont Street
Portland, OR 97214

RE: The tariff classification of two women's jackets, a woman's vest and a woman's pair of trousers from Taiwan

Dear Mr. Rombalski:

In your letter dated July 11, 2000, you requested a classification ruling.

Four samples were submitted as follows: Style number 200L-01, "Ladies' SporTech Rain Breaker", is a woman's hip-length jacket that is constructed of a shell which is composed of a woven 100% polyester fabric that has a polyurethane coating. The garment is lined in the upper body with a mesh fabric and in the lower body and sleeves with a woven man-made fiber fabric.

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

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. An overlapping flap with four snaps covers the zipper area. The jacket has two front pockets at the waist, a zippered inner pocket, long sleeves with elasticized cuffs and a drawcord tightening through the bottom hem. A textile label with the "Performance Forrester's Outerwear" logo is on the back yoke.

Style number 210L-01, "Ladies' SporTech Rain Jacket", is a woman's hip-length jacket that is constructed of a shell which is composed of a woven 100% polyester fabric that has a polyurethane coating. The jacket is lined in the upper body with a mesh fabric and in the lower body and sleeves with a woven man-made fiber fabric. The coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply. The jacket has a stand-up collar and a full front opening that is secured by a double pull zipper closure. An overlapping flap with four snaps covers the zipper area. The jacket has two front pockets with zipper closures at the waist, a zippered inner pocket, long sleeves with elasticized cuffs and an elasticized waistband. A textile label with the "Performance Forrester's Outerwear" logo is on the back yoke.

Style number 220L-01, "Ladies' SporTech Rain Vest", is a woman's hip-length vest that is constructed of a shell which is composed of a woven 100% polyester fabric that has a polyurethane coating. The vest is lined in the upper body with a mesh fabric and in the lower body with a woven man-made fiber fabric. The coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply. The vest is sleeveless with oversized armholes. The garment has a stand-up collar and a full front opening that is secured by a zipper closure that extends to the top of the garment's collar. The vest has two front pockets with zipper closures at the waist, a zippered inner pocket and a straight cut hemmed bottom. A textile label with the "Performance Forrester's Outerwear" logo is on the back yoke.

Style number 299L-01, "Ladies SporTech Rain Pant", is a woman's pair of trousers that is constructed of a woven 100% polyester fabric that has a polyurethane coating. The coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply. The trousers have an elasticized waistband that features a right side seam slash opening below the waist and a left side seam opening that is secured on the waist by two snap closures. Each side seam opening can be used for easy access to an inner garment. The trousers also have a right rear pocket with a zipper closure and a zipper opening at the bottom of each trouser leg.

The samples are being returned to you.

Style numbers 200L-01 and 210L-01 are eligible for classification as water resistant. If each jacket 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 7.3 percent ad valorem.

If each jacket 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 28.4 percent ad valorem.

Style number 299L-01 is eligible for classification as water resistant. If the pair of trousers 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 water resistant trousers or breeches, of synthetic fibers. The duty rate will be 7.3 percent ad valorem.

If the trousers do 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 29.3 percent ad valorem.

The applicable subheading for style number 220L-01 will be 6211.43.0074, 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 16.4 percent ad valorem.

With your letter you submitted test reports from an independent laboratory certifying that each garment passed the water resistance test. We have not confirmed those results in our own laboratory; however, the Customs officer handling the transaction may choose to do so at the time of importation.

Each jacket falls within textile category designation 635. The trousers fall within textile category 648. The vest falls with textile category designation 659. Based upon international textile trade agreements products of Taiwan are 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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