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NY I80497




May 9, 2002

CLA-2-62:RR:NC:WA:357 I80497

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9880; 6102.30.2020; 6210.50.5020

Mr. Robert C. Thompson
W.J. Byrnes & Co. of Los Angeles, Inc.
500 N. Nash Street
El Segundo, CA 90245

RE: The tariff classification of two unisex jacket/backpack combinations and a drink pouch from China; Composite Good; Visibly Coated

Dear Mr. Thompson:

In your letter dated April 10, 2002, on behalf of Gary Mandel Promotional Concepts, Inc., you requested a classification ruling.

Two samples were submitted as follows: Style name “Liquid Gear with Water Drinking Pouch”, is an adult’s unisex jacket/backpack combination. The jacket portion of the article is hip-length and is constructed of a shell composed of a woven 100% nylon fabric which has a visible coating on the inner surface. The jacket has a stand-up collar, a full front opening that is secured by a zipper closure, long sleeves with elasticized cuffs and an elasticized waistband. The jacket is not lined.

The backpack portion of the article measures approximately 19-1/2 inches in length by 9 inches in width and has depth. The backpack is sewn onto the rear portion of the jacket and is constructed of a woven 100% nylon fabric. The backpack has an opening in the center that is secured by a double pull zipper closure surrounding its outer edge and a hook and loop fastener at the bottom. On the outer surface of the backpack there are two compartments with zipper closures and a mesh compartment. The front zipper compartment has additional pockets on the inner surface and features a rubberized label with the “Liquid Gear” logo on the outer surface. The mesh compartment has an opening at the top that is secured with elasticized capping. The mesh compartment holds a separate plastic drink pouch with a plastic tube. On the inner surface of the backpack there is a compartment with a hook and loop fastener and two padded shoulder straps with plastic buckles. When the jacket is worn the backpack portion can be separately used to carry items. When the jacket is not worn it can be folded and stored within the center portion of the backpack, allowing the wearer to then carry the backpack using the shoulder straps.

Because there is no fitting to attach the plastic drink pouch to the jacket/backpack combination and there is no guide for the tube, the drink pouch will be classified separately.

Style name “Liquid Gear”, is a child’s unisex jacket/backpack combination. The jacket portion of the article is hip-length and is constructed of a shell composed of a knit brushed 100% polyester polar fleece fabric. The jacket has a stand-up collar, a full front opening secured by a zipper closure, two front pockets at the waist, long hemmed sleeves and a hemmed bottom. The jacket is not lined. The backpack portion of the article measures approximately 13-1/2 inches in length by 11 inches in width and has depth. The backpack is sewn onto the rear portion of the jacket and is constructed of a woven 100% nylon fabric. The backpack has an opening in the center that is secured by a double pull zipper closure surrounding its outer edge. The backpack has two additional compartments with zipper closures on the outer surface, and a compartment with a hook and loop fastener and two padded shoulder straps with plastic buckles on the inner surface. When the jacket portion of the article is worn the backpack portion can be separately used to hold items. When the jacket portion of the article is not in use it can be folded and stored within the center portion of the backpack, allowing the wearer to then carry the backpack using the shoulder straps.

The samples are being returned to you.

In accordance with General Rule of Interpretation (GRI) 3(c) of the Harmonized Tariff Schedules when goods cannot be classified by reference to GRI 3(a) or 3(b), they are to be classified in the heading which occurs last in numerical order among those which equally merit consideration in determining their classification. For each style neither the jacket portion of the combination nor the backpack portion provides the essential character. Therefore, classification will be as a knit polyester jacket for style “Liquid Gear” and as a woven nylon jacket with a visible coating for style “Liquid Gear With Water Drinking Pouch,” based on the above.

If each jacket/backpack combination is sold to both males and females and cannot be identified as exclusively men’s or boys’, then the applicable classification for each combination will be in the HTS covering women’s and girls’ garments.

The applicable subheading for style “Liquid Gear With Water Drinking Pouch” 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 drink pouch will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastic, other. The duty rate will be 5.3 percent ad valorem.

The applicable subheading for style “Liquid Gear” will be 6102.30.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for other girls’ anoraks (including ski-jackets), windbreakers and similar articles, knitted or crocheted, other than those of heading 6104: of man-made fibers. The duty rate will be 28.6 percent ad valorem.

Styles “Liquid Gear With Water Drinking Pouch” and “Liquid Gear” fall within textile category designation 635. Based upon international textile trade agreements products of China are presently subject to quota restraints and the requirement of a visa. The drink pouch is not presently subject to quota restraints nor 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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