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NY H89574




April 22, 2002

CLA-2-62:RR:NC:TA:357 H89574

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.63.3000; 6204.63.3510; 6204.63.3532; 6202.93.4500; 6202.93.5011

Mr. Ryan Gellert
Black Diamond Equipment, Ltd.
2084 East 3900 South
Salt Lake City, UT 84124

RE: The tariff classification of four garments from China or another Asian country

Dear Mr. Gellert:

In your letter dated March 13, 2002, you requested a classification ruling. Four samples were submitted and are being returned as you requested.

All of the garments are marketed for wear by rock climbers and are designed for unisex wear. The shell fabric of each item is made from Schoeller Dynamic (#61231) fabric, a woven blended fabric of 94% nylon/6% spandex, which has a fluorocarbon water repellent treatment.

Style BD 920530 Alpine Pants have a fly front with a zipper closure, an elasticized waistband with belt loops and a hook and loop tab with a snap closure. The garment has elasticized cuffs, two zippered front pockets, articulated knees and a reinforced seat.

Style BD 920520 BDV Pants have an elasticized waistband with a drawstring but no opening, side seam front pockets and a rear zippered pocket.

Style BD 920515 BDV Shorts have an elasticized waistband with no opening, with a tunnel belt of woven fabric and a plastic buckle, side seam front pockets and a zippered rear pocket.

Style BD 920525 Alpine Shirt is a pullover shell with a half-zipper closure that extends to the top of the standup collar, which has a fleeced inner surface. This item has long sleeves with no tightening element and extends to the hip area.

Styles BD 920530, BD 920520 and BD 920525 are eligible for classification as water resistant.

If styles BD 920530 and BD 920520 pass the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTS), Chapter 62, U.S. Note 2, then the applicable HTS subheading for the garments will be 6204.63.3000, which provides for other women's or girls’ water resistant trousers or breeches of synthetic fibers. The duty rate will be 7.2 percent ad valorem.

If styles BD 920530 and BD 920520 do not pass the water resistance test, then the applicable HTS subheading for the garments will be 6204.63.3510, which provides for other women's or girls’ trousers and breeches of synthetic fibers. The duty rate will be 29 percent ad valorem.

The applicable HTS subheading for style BD 920515 will be 6204.63.3532, which provides for other women's shorts of synthetic fibers. The duty rate will be 29 percent ad valorem.

If style BD 920525 passes the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTS), Chapter 62, U.S. Note 2, then the applicable HTS subheading for the garment will be 6202.93.4500, which provides for other women's anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.2 percent ad valorem.

If style BD 920525 does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6202.93.5011, which provides for other women's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 28.1 percent ad valorem.

With your ruling request you submitted a copy of a laboratory report showing that the material used to construct these garments passed the water resistance test. Please note that these results were not confirmed by the Customs laboratory. At the time of the entry of this merchandise the Customs officer handling the transaction may choose to have these results verified by our laboratory.

Styles BD 920530, BD 920520 and BD 920515 fall within textile category designation 648; style BD 920525 falls within textile category designation 635. Based upon international textile trade agreements products of China 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.

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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