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NY I83373




July 22, 2002

CLA-2-62:RR:NC:WA:357 I83373

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020

Mr. John F. McManus
ITOCHU International, Inc.
335 Madison Avenue
New York, N.Y. 10017

RE: The tariff classification of a man’s jacket and storage bag from China; Visibly Coated

Dear Mr. McManus:

In your letter dated June 25, 2002, you requested a classification ruling.

The sample submitted, style name “e-Angler Breathable Logo Pullover”, is a man’s lower hip-length pullover jacket. The jacket is constructed of a shell composed of a woven 100% nylon fabric which has a visible polyurethane coating on the inner surface. The garment is lined with a knit mesh polyester fabric.

The jacket has an integral hood with two snap closures at the chin and a drawcord tightening, a stand-up collar and a partial opening at the neck that is secured by a zipper closure. An overlapping flap with three snaps covers the zipper area. The garment’s hood can be rolled up and stored within the collar by three hook and loop fasteners. The jacket also has long sleeves with elasticized cuffs, a zippered inner pocket, two slanted front pockets with zipper closures at the waist and a drawcord tightening through the bottom hem. The “e-Angler” trademark and logo is embroidered onto the left chest and onto the rear yoke.

Imported with the jacket is a square-shaped storage bag that is composed of the same fabric construction as the jacket. The bag measures approximately 11-inches in width and 11-inches in length and is essentially flat when empty. The bag has a seam along each side and an opening at the top that is fastened by a drawcord tightening with a plastic cord lock.

The Customs Service has previously ruled that similar bags imported and sold with a garment made of the same fabric and same colors are composite goods with the essential character imparted by the garment. Such is the case with this jacket and carry bag combination. Consequently, the bag and the jacket are not regarded as separate items for duty or quota purposes. The sample is being returned to you as you have requested.

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 jacket falls within textile category designation 634. 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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