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NY H83798




August 8, 2001

CLA-2-62:RR:NC:WA:357 H83798

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020; 6210.40.5030

Ms. Lisa Zwaga
LaCrosse Footwear, Inc.
3600 South Memorial Drive
Racine, WI 53403

RE: The tariff classification of a man’s packable jacket and a pair of trousers from China, Taiwan, Korea and the Philippines;

Dear Ms. Zwaga:

In your letter dated July 13, 2001, on behalf of LaCrosse Footwear, Inc., dba LaCrosse Rainfair Safety Products, you requested a classification ruling.

Two samples were submitted as follows: Style number CP-01-03MJ “Nightstorm Jacket” is a man’s thigh-length jacket that is constructed of a shell composed of a woven 100% polyester pongee fabric that has a visible polyvinyl chloride coating on the inner surface. The jacket is lined with a woven 100% nylon fabric lining and has a polyester mesh fabric insert in the rear yoke.

The jacket has a stand-up collar that is composed of a brushed tricot fabric on the inner surface and a full front opening that is secured by a zipper closure. A double overlapping storm flap with five hook and loop fasteners on the front placket and one hook and loop fastener on the front portion of the collar covers the zipper area. The jacket has long raglan sleeves with contrasting color fabric inserts, three pleats and reflective piping at the elbows, and elasticized cuffs with nylon reflective adjustment tabs at the wrists that are secured by a hook and loop fastener. The jacket also has a vertical pocket with a zipper closure on the right chest; a zippered pocket along the left front placket; an inner drawcord tightening at the waist; two front pockets with flaps that have pull tabs and are secured by zipper closures and hook and loop fasteners; a free hanging reflective back yoke that features the “Harley Davidson” logo; and a hemmed bottom with an additional 3-inch hanging windskirt. The windskirt fastens around the lower portion of the torso and is secured by a drawcord tightening and a tab with two snap closures. The jacket has a zip-off hood with a drawcord tightening, a visor extension, a tab that is secured at the chin area by a hook and loop fastener and a double lining fabric that has an open section at one end that forms a pouch pocket. An additional drawcord tightening and hook and loop fastener secures the open end of the hood’s pouch pocket. When the jacket is not in use the hood can be inverted and the garment can be folded and stored within the hood allowing the wearer to pack and carry the jacket. When the hood is inverted it reveals a label with the logo “Harley Davidson” “Motor Clothes” “An American Legend.”

Style number CP-01-03MJ “Nightstorm Rain Pant” is a man’s pair of trousers that are constructed of a shell composed of a woven 100% polyester pongee fabric that has a visible polyvinyl chloride coating on the inner surface. The garment is unlined. The trousers have an elasticized waistband with adjustment tabs on each side that are secured by hook and loop fasteners and a full side opening along the outer seam of each trouser leg that is secured by a zipper closure. A double overlapping flap with reflective piping and hook and loop fasteners covers the zipper area. The garment has a bellows pocket with reflective sides on the left thigh which is secured by a zipper closure and a flap with a hook and loop fastener. A rubberized label on the pocket features the “Harley-Davidson Motor Cycles” logo. The garment also has reinforced knee patches with darts at seams, an embossed “Rear End Traction” overlay that is composed of polyvinyl chloride and features the “Harley-Davidson Motor Cycles” logo and woven fabric heat shields on the lower portion of each trouser leg. The trouser legs have a pocket on the inner portion of the ankle cuffs that holds a sewn-on retractable shoe cover. The top portion of the shoe cover is composed of the same fabric as the trousers and has a “Cordura” fabric toecap, an adjustable tab closure with a hook and loop fastener and an elastic stirrup for a snug fit. The bottom portion of the shoe cover is composed of a slip resistant rubber sole. When the shoe cover is not in use it can be folded and stored within the pocket by hook and loop closures.

The samples are being returned to you as you have requested.

In your letter you indicate that when imported the jacket and the pair of trousers will be packaged and sold separately.

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 7.2 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 duty rate will be 7.2 percent ad valorem.

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, Korea, Taiwan and the Philippines 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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