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NY I80041




April 17, 2002

CLA-2-62:RR:NC:WA:357 I80041

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020; 6210.40.5030; 6210.50.5020; 6210.50.5035

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

RE: The tariff classification of a man’s packable rainsuit from China

Dear Ms. Zwaga:

In your letter dated March 29, 2002, on behalf of LaCrosse Footwear, Inc., dba LaCrosse Rainfair Safety Products, you requested a classification ruling.

The sample submitted, style number CP-01-78A is a man’s “Harley-Davidson”, two-piece rainsuit. The rainsuit consists of an upper thigh-length jacket and a pair of trousers that are constructed of a shell composed of a woven 100% nylon fabric which has a visible polyurethane coating on the inner surface. The jacket is lined with a woven nylon taffeta fabric. The trousers are unlined.

The jacket has a stand-up collar, a full front opening that is secured by a zipper closure and a double overlapping storm flap with five hook and loop fasteners along the front placket and one hook and loop fastener on the front portion of the collar that covers the zipper area. The garment has long raglan sleeves with a contrasting color fabric insert that has three pleats at the elbow area, reflective piping at the front and back sleeve seams and elastic, and an adjustable webbing fabric tab on the cuffs that is secured by a hook and loop fastener. The tab features reflective stripes and the “HD” logo. The jacket also has a vertical pocket with a zipper closure on the inner portion of the right front placket, an inner pocket on the lining, an elasticized rear waist, two front pockets secured by zipper closures and flaps with hook and loop fasteners 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 tab with two snap closures in the front and a drawcord tightening on each side. A reflective patch on the garment’s left chest and a reflective patch on the rear panel feature the “Harley-Davidson Motor Cycles” logo. The jacket features a zip-off hood that can be rolled up and concealed within the garment’s collar by a zipper closure. The hood has a drawcord tightening, 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 and trousers are not in use the hood can be inverted and the garments can be folded and stored within the hood allowing the wearer to pack and carry the jacket and trousers.

The trousers have an elasticized waistband with adjustable tabs on each side that are secured by hook and loop fasteners and full side openings along the outer seam of each trouser leg that are secured by a double pull 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 that is secured by hook and loop fasteners. A reflective patch on the pocket features the “Harley-Davidson Motor Cycles” logo. The garment also has reinforced knees with darts at seams, an embossed “Rear End Traction” overlay that is composed of polyvinyl chloride, a woven “Pyrovatex” fabric heat shield on the lower portion of each trouser leg and an elasticized ankle cuff with a tab at the side and an elastic stirrup at the bottom. The trouser legs feature a pocket on the inner portion of the ankle cuffs that holds a sewn-on retractable rain gator 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 a hook and loop fastener.

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

In your letter and in a phone conversation you indicated that the rainsuit composed of the exact jacket and trousers constructed of the identical fabric as the man’s will also be imported in women’s sizes under style number CP-01-78B.

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 man’s 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 jacket is imported in women’s sizes and is constructed exactly as the man’s, then the applicable subheading for the 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.

If the trousers are imported in women’s sizes and are constructed exactly as the man’s, then the applicable subheading for the 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 man’s trousers fall within textile category designation 647. The woman’s jacket falls within textile category designation 635. The woman’s trousers fall within textile category designation 648. Based upon international textile trade agreements products of China, Taiwan or 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 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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