United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2000 NY Rulings > NY G80514 - NY G80573 > NY G80553

Previous Ruling Next Ruling
NY G80553




September 6, 2000

CLA-2-62:RR:NC:WA:357 G80553

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020; 6210.40.5030

Mr. Blaine Bundy
Red Rock Clothing
128 North Clairemont Avenue
Eau Claire, WI 54703

RE: The tariff classification of a man's rainsuit and carry bag from China

Dear Mr. Bundy:

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

The sample submitted, style name "Glen Day", is a man's rainsuit that consists of a hip-length pullover jacket and a pair of trousers. Both the jacket and the trousers are constructed of a shell that is composed of a woven 100% nylon fabric which has a polyurethane coating on the outer surface and a visible rubber coating on the inner surface. The garments are not lined.

The jacket has a stand-up collar and a partial opening at the neck that is secured by a zipper closure. An overlapping flap with a "VELCRO"-type fastener covers the zipper area. The garment has long detachable sleeves that zip-off at the armholes, two side seam pockets at the waist and the logo "All Day Rainwear" embroidered onto the rear yoke. The garment's sleeve cuffs and waistband are composed of a ribbed-knit fabric.

The trousers have an elasticized waistband with an inner drawcord tightening. The trousers also have two side seam pockets and a right rear pocket below the waist and a zipper opening at the bottom of each trouser leg.

Imported with the jacket and the trousers is a carry bag of the same color and fabric construction as the garments. The bag measures approximately 12 inches in width and 9-1/2 inches in length and has an opening at the top that is secured by a flap with a "VELCRO"-type fastener. The bag is essentially flat when empty and features the logo "All Day Rainwear" embroidered onto the rear panel. The jacket and trousers can be folded into the bag and carried by the sewn-on self-fabric wrist strap.

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.

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 ad valorem.

The applicable subheading for the trousers 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 jacket falls within textile category designation 634. The trousers fall within textile category designation 647. 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,

Previous Ruling Next Ruling

See also: