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NY F89682




July 28, 2000

CLA-2-62:RR:NC:WA:357 F89682

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511; 6203.43.3500; 6203.43.4010; 6211.33.0054

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

RE: The tariff classification of two men's jackets, a man's vest and a man'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 200-01, "Men's SporTech Rain Breaker", is a man'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 that extends to the top of the garment's collar. An overlapping flap with four snaps covers the zipper area. The garment has two front pockets at the waist, a zippered inner pocket, long sleeves with elasticized cuffs and an elasticized waistband. A textile label on the back yoke features the "Performance Forrester's Outerwear" logo.

Style number 210-01, "Men's SporTech Rain Jacket", is a man'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 garment has two front pockets with zipper closures at the waist, a zippered inner pocket, long sleeves that have elastic and a tab with a "VELCRO"-type fastener on the cuffs, and an elasticized waistband. The jacket has a free hanging back yoke that covers the mesh lining. A textile label on the back yoke features the "Performance Forrester's Outerwear" logo.

Style number 220-01, "Men's SporTech Rain Vest", is a man'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 vest 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, a zippered inner pocket and a straight cut hemmed bottom. A textile label on the back yoke features the "Performance Forrester's Outerwear" logo.

Style number 299-01, "Mens SporTech Rain Pant", is a man's pair of trousers constructed of a shell that is composed 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 a fly front opening that is secured by a zipper closure and one snap on the front waistband. The waistband is elasticized. The trousers have two side seam slash openings that can be used for easy access to an inner garment, 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 200-01 and 210-01 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 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 7.3 percent ad valorem.

If each jacket 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 28.4 percent ad valorem.

Style number 299-01 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 6203.43.3500, which provides for other men'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 6203.43.4010, which provides for other men's trousers and breeches, of synthetic fibers. The duty rate will be 28.6 percent ad valorem.

The applicable subheading for style number 220-01 will be 6211.33.0054, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, men's or boys': 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 634. The trousers fall within textile category designation 647. The vest falls within textile category designation 659. Based upon international textile trade agreements products of Taiwan 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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