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NY I89177




December 31, 2002

CLA-2-42:RR:NC:3:353 I89177

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.33.0058, 6201.93.3000, 6201.93.3511

Ms. Karilea Rhea
RPM Gear Inc.
10 Bridge Lane
Croton on Hudson, NY 10520

RE: The tariff classification of Men’s Double Jacket Sets from China.

Dear Ms. Rhea:

In your letter dated November 30, 2002 you requested a classification ruling. As requested, the samples will be returned to you.

The submitted samples, Style #s MJ112 Airglide and MJ115 Commando Jackets, are a men's double jacket set. The two piece set consists of a waist-length outer and inner jacket that can be zippered along the front edges so as to be worn as one garment. Although the garments are worn together, each garment can also be worn separately and will be classified as a separate garment.

The outer jacket of Style # MJ112 Airglide is constructed of a outer shell of a mixture of woven 100% nylon fabric and knit 100% nylon mesh fabric. Each fabric accounts for approximately 50% of the outer surface area of the garment. As neither fabric imparts the essential character, the garment will be classified under GRI (3) (c) under the HTS that appears last in numerical order, in this case as a woven garment. The garment is lined with a knit polyester fabric, and features numerous outer front pockets, two inner front zipper pockets, adjustable cuffs, adjustable waist and full front zipper closure. There is protective foam in the shoulders, elbows and back. A chest label states “Olympia® Moto Sports.” The garment would normally be worn only when participating in moto sports events and not as an ordinary jacket on the street.

The inner jacket of Style # MJ112 Airglide is constructed of an outer shell of woven 100% nylon fabric that you state has a PU water resistant coating. It has a nylon lining and polyester insulation. The jacket features a stand-up ribbed-knit collar, two snap pockets at the waist, a pocket on the left sleeve, one inner pocket, ribbed-knit fabric cuffs and waistband, and full front zipper closure.

The outer jacket of Style # MJ115 Commando is constructed of a outer shell of woven 100% nylon fabric. The garment is lined with a knit polyester fabric, and features numerous outer front pockets, two inner front zipper pockets, adjustable cuffs, adjustable waist and full front zipper closure with a storm flap. There is protective foam in the shoulders, elbows and back. A chest label states “Olympia® Moto Sports.” The garment would normally be worn only when participating in moto sports events and not as an ordinary jacket on the street.

The inner jacket of Style # MJ115 Commando is constructed of an outer shell of woven 100% nylon fabric that you state has a PU water resistant coating. It has a nylon lining and polyester insulation. The jacket features a stand-up ribbed-knit collar, two snap pockets at the waist, a pocket on the left sleeve, one inner pocket, ribbed-knit fabric cuffs and waistband, and full front zipper closure.

The applicable subheading for the Style #s MJ112 Airglide and MJ115 Commando outer jackets will be 6211.33.0058, Harmonized Tariff Schedule of the United States (HTS), which provides for “Track suits, other garments: Other garments, men’s or boys’: Of man-made fibers, Jackets and jacket-type garments excluded from heading 6201.” The duty rate will be 16.1% ad valorem for 2003.

The Style #s MJ112 Airglide and MJ115 Commando inner jackets are eligible for classification as water resistant.

If the Style #s MJ112 Airglide and MJ115 Commando inner jackets 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 6201.93.3000, which provides for “Men's or boys' overcoatsanoraks (including ski-jackets), windbreakers and similar articlesAnoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets): Of man-made fibers: Other: Other: Water resistant.” The duty rate will be 7.2% ad valorem in 2003.

If the Style #s MJ112 Airglide and MJ115 Commando inner jackets do not 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 6201.93.3511, which provides for “Men’s or boys’ overcoatsanoraks (including ski-jackets), windbreakers and similar articlesAnoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets): Of man-made fibers: Other: Other: Other, Men’s.” The duty rate will be 27.9% ad valorem in 2003.

The Style #s MJ112 Airglide and MJ115 Commando outer and inner jackets fall within textile category designation 634. 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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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