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NY G84546




December 12, 2000

CLA-2-62:RR:NC:3:353 G84546

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.50.5020

Mr./Ms. Dale Dickinson
Charming Enterprises USA Corporation
350 Fifth Avenue, Suite 5112
New York, NY 10118

RE: The tariff classification of a drytop from Hong Kong.

Dear Mr./Ms. Dickinson:

In your letter dated November 16, 2000, you requested a tariff classification ruling. The sample submitted with the ruling request will be returned to you.

The submitted sample is a GRIPP™ Drytop constructed of an outer shell of woven 100% nylon fabric, which is coated on the inside with plastic material that is visible to the naked eye. The item provides cold weather waterproof protection to kayak and paddling enthusiasts. The garment is waist-length and long sleeved. It features a latex neck gasket protected by a stretch collar and partial front closure secured by a hook and loop fastener, protective elbow pads, latex wrist gaskets protected by an outer cuff secured by a hook and loop fastener, and an external zippered mesh chest pocket. In addition, there is an adjustable hook and loop fastener heavy-duty waistband; it has an inner surface that adheres to and immobilizes an internal sprayskirt that extends beyond the waistband.

The applicable subheading for the nylon fabric GRIPP™ Drytop will be 6210.50.5020, 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 women's or girls' garments: Of man-made fibers: Other, Anoraks (including ski-jackets), windbreakers and similar articles.” The duty rate will be 7.3% ad valorem for 2000 and 7.2% ad valorem for 2001.

The nylon fabric GRIPP™ Drytop falls within textile category designation 635. Based upon international textile trade agreements products of Hong Kong are subject to quota 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.

Your inquiry does not provide enough information for us to give a classification ruling on the GRIPP™ Drytop constructed of Gore-Tex™ fabric. In your request for a classification ruling you should include a sample of the garment. In addition, your literature indicates that the fabric is “brushed.” If the “brushed” fabric is a knit, this office requires a sample of the fabric prior to being “brushed.” When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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 Kenneth Reidlinger at 212-637-7084.

Sincerely,

Robert B. Swierupski
Director,

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