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NY H87278




February 15, 2002

CLA-2-62:RR:NC:WA:357 H87278

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020; 6210.40.5030; 6210.50.5020; 6210.50.5035

Ms. Lisa Zwaga
LaCrosse Rainfair Safety Products Division 3600 South Memorial Drive
Racine, WI 53403

RE: The tariff classification of a man’s rain jacket, a man’s pair of rain pants, a woman’s rain jacket and a woman’s pair of rain pants from China

Dear Ms. Zwaga:

In your letter dated January 23, 2002, on behalf of LaCrosse Footwear, Inc., dba LaCrosse Rainfair Safety Products, you requested a classification ruling.

Three samples and four specification sheets were submitted as follows: Style number 15007218 is a man’s lower hip-length jacket constructed of a shell composed of a color block woven 100% polyester pongee fabric that has a calendered visible polyvinyl chloride coating on the inner surface. The garment is lined in the body, sleeves and hood with a woven 100% nylon taffeta fabric and on the inner portion of the collar with a knit fleece fabric.

The jacket has a stand-up collar with an elastic drawcord and cord lock in the back, a detachable hood with a visor extension that features a drawcord tightening and is held to the garment by a zipper and two hook and loop fasteners and a full front opening that is secured by a zipper closure. A double storm flap with a hook and loop fastener along the front placket covers the zipper area. The garment has an asymmetrical curved design line with reflective piping on the front and rear panels that extends from the right mid-shoulder to the left waist and along the upper portion of the left sleeve. The garment also has a vertical pocket with a zipper closure on the inner portion of the right placket, two zippered front pockets below the waist that are secured by flaps with hook and loop fasteners, long sleeves with elastic and a tab with a hook and loop fastener for adjustment on the cuffs and a windskirt stitched onto the bottom hem that has a tab with two snap closures on the front and an elastic drawcord with cord lock on each side. A rubber embossed reflective patch on the left chest and in the center of the rear yoke features the “Harley-Davidson Motorcycles” logo and skull design.

Style number 15008218 is a woman’s lower hip-length jacket constructed of a shell composed of a woven 100% polyester pongee fabric that has a calendered visible polyvinyl chloride coating on the inner surface. The jacket is lined in the body, sleeves and hood with a woven 100% nylon taffeta fabric and with a knit fleece fabric on the inner portion of the collar. The jacket has a stand-up collar with an elastic drawcord and cord lock in the back, a detachable hood with a drawcord tightening that is held to the garment by a zipper and two hook and loop fasteners and a full front opening that is secured by a zipper closure. A double storm flap with a hook and loop fastener along the front placket covers the zipper area. The garment features an asymmetrical curved design line with reflective piping on both the front and rear panels from the right mid-shoulder to the left waist and along the upper portion of the left sleeve. The upper portion of the asymmetrical design consists of a flame print fabric and the lower portion of a solid color fabric. The jacket has a vertical zipper pocket on the inner portion of the right placket, two front zippered pockets secured by flaps with hook and loop fasteners below the waist, long sleeves with elastic and a tab with a hook and loop fastener on the cuffs and a windskirt stitched to the bottom hem that has a tab with two snaps on the front and an elastic drawcord with cord lock on each side. A rubber embossed reflective patch on the left sleeve features the “Harley-Davidson Motor Cycles” logo.

Style number 19007219 is a man’s pair of suspender pants constructed of a shell composed of a woven 100% polyester pongee fabric that has a calendered visible polyvinyl chloride coating on the inner surface. The garment is not lined. The trousers have an elasticized waistband with a zip-off rear bib that features elasticized suspenders with plastic buckles. The suspenders are worn over the shoulders and fastened to the front portion of the waistband by two tabs with hook and loop fasteners that are secured through the plastic buckles on the suspenders. The garment has a PVC “Rear End Traction” overlay on the rear panel and long trouser legs with full side seam openings that are secured by double pull zipper closures. A double storm flap with reflective piping that is secured by a tab with a hook and loop fastener on each side of the waistband, a hook and loop fastener along the length of each trouser leg and a tab with a hook and loop fastener on the outer portion of each ankle cuff covers the zipper area. The garment has a reflective bellow pocket on the left thigh that is secured by a zipper and a flap with a hook and loop fastener, articulated knee darts, a woven “Pyrovatex” heat shield on the inner portion of each trouser leg and elastic stirrups. A rubber embossed reflective patch on the thigh pocket features the “Harley-Davidson Motor Cycles” logo and skull design.

With your letter you submitted a specification sheet for a woman’s pair of suspender pants style number 19008219, and indicated that they were identical in construction to the man’s pair of suspender pants described above except for size grading.

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

The applicable subheading for the man’s 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 woman’s jacket 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 7.2 percent ad valorem.

The applicable subheading for the man’s pair of 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.

If the woman’s trousers are imported and constructed identically to the men’s trousers then the applicable subheading for the woman’s trousers will be 6210.50.5035, 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 trousers, breeches and shorts. The duty rate will be 7.2 percent ad valorem.

The man’s jacket falls within textile category designation 634. The woman’s jacket falls within textile category designation 635. The men’s trousers fall within textile category designation 647. The women’s trousers fall within textile category designation 648. 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 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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