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NY I86279




October 4, 2002

CLA-2-62:RR:NC:WA:357 I86279

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Tonya Smith
Hartwell Industries, Inc.
97 Winfield Circle
P.O. Box 1399
Hartwell, GA 30643

RE: The tariff classification of a man’s jacket and carry bag from Taiwan, China, Hong Kong, Sri Lanka, Korea, Philippines, Indonesia, Cambodia, Myanmar/Burma, Malaysia, Ethiopia and Vietnam

Dear Ms. Smith:

In your letter dated September 18, 2002, you requested a classification ruling.

The sample submitted, style number 3240, is a man’s hip-length jacket constructed of a shell composed of a woven 100% polyester fabric which has a polyurethane coating for water resistance. The jacket is unlined. The garment will also be imported under style number 3240T in tall sizes.

The coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.

The jacket has a stand-up collar and a full front opening secured by a zipper closure. The jacket also has two slanted front pockets that are covered by an overlay of fabric with a hook and loop fastener, long sleeves with elasticized cuffs and a drawcord tightening through the bottom hem.

Imported with the jacket is a barrel shaped carry bag that measures approximately 11-inches long and is constructed of a knit mesh fabric. The carry bag has one seam along its length, an opening at the top that is secured by a drawcord with a plastic cord stopper and a woven round shape fabric insert at the bottom.

The Customs Service has previously ruled that similar bags imported and sold with a garment 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.

This garment is eligible for classification as water resistant. If the jacket 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 6201.93.3000, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.2 percent ad valorem.

If the jacket does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6201.93.3511, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 28.1 percent ad valorem.

The jacket falls within textile category designation 634. Based upon international textile trade agreements products of Taiwan, China, Hong Kong, Sri Lanka, Korea, Philippines, Indonesia, Cambodia and Malaysia are presently subject to quota restraints and the requirement of a visa. Products of Myanmar (Burma), Ethiopia and Vietnam are presently neither 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.

For your information merchandise from Myanmar/Burma must be marked for country of origin purposes with “Burma,” “Myanmar/Burma,” or “Burma/Myanmar,” to satisfy the requirements of 19 U.S.C. 1304

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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