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NY G86023





January 31, 2001

CLA-2-62:RR:NC:WA:357 G86023

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5030; 6210.40.5050

Mr. Paul Meyer
Nik and Associates
800 S Hindry Avenue, Unit A
Inglewood, CA 90301

RE: The tariff classification of a man's padded sleeveless jacket and trouser set from China

Dear Mr. Meyer:

In your letter dated December 28, 2000, on behalf of JMI (USA), Inc., you requested a classification ruling.

The sample submitted, style number 02MA79, "cutting edge bib", is a man's two-piece set that consists of a hip-length padded sleeveless jacket and a pair of trousers that can be fastened together in the front by elasticized straps with plastic buckles and in the rear by a zipper so as to be worn as one garment.

Both the padded sleeveless jacket and the pair of trousers are constructed of a shell that is composed of a woven 100% nylon fabric that has a visible 100% urethane coating on the inner surface. Both garments are lined with a woven 100% nylon fabric and have a nonwoven batting insulation.

The padded sleeveless jacket has a v-style neckline, oversized armholes and a full front opening that is secured by a zipper closure. The garment has two front pockets with zipper closures at the waist, a drawcord tightening through the bottom hem, two elasticized straps with half buckles on the lower inner portion of the front panels and a half zipper on the lower inner portion of the rear panel. The two plastic half buckles and the half zipper are used for attaching the garment to the trousers. The "Polaris" logo is embroidered onto the left chest.

The trousers have a fly front opening that is secured by a zipper closure and one snap on the front portion of the waistband. Also featured on the front portion of the waistband is a self-fabric belt with a plastic buckle and two belt loops. The rear portion of the waistband is elasticized. The garment has two half buckles on the inner portion of the front waist area and a half zipper on the inner portion of the rear waist area. The buckles and zipper are used to attach the garment to the padded sleeveless jacket. The trousers have two zippered pockets below the waist, a cargo pocket on the right thigh that is secured by a flap with a hook and loop fastener, a side seam zipper opening along the length of each trouser leg and an inner storm cuff at the ankle that has elastic and two snap closures. A rubberized emblem on the left thigh and a reflective emblem and embroidery on the right ankle feature the "Polaris" logo.

In your letter you indicate that when the padded sleeveless jacket and the pair of trousers are imported into the United States they will be packed and sold as one unit. Although the garments are worn together, each garment can also be worn separately and will be classified as a separate garment.

The sample is being returned to you as you have requested.

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 duty rate will be 7.2 percent ad valorem.

The applicable subheading for the padded sleeveless jacket will be 6210.40.5050, 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: other. The duty rate will be 7.2 percent ad valorem.

The trousers fall within textile category designation 647. The padded sleeveless jacket falls within textile category designation 659. 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,

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