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NY J82851




April 16, 2003

CLA-2-62:RR:NC:WA:357 J82851

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.20.5000; 6210.40.5020; 6210.40.5040; 6505.90.8090

Mr. Harold C. Boykin
Beijing Trade Exchange, Inc.
900 2nd Street, NE, Suite 309
Washington, D.C. 20002

RE: The tariff classification of a man’s raincoat, two jackets, two pairs of bib and brace overalls and a hood from China; Visibly Coated

Dear Mr. Boykin:

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

Six samples of rain wear apparel were submitted as follows:

Style number IEJ-1 is a man’s thigh-length jacket constructed of a shell composed of a woven 100% nylon oxford fabric that is visibly coated on the outer surface with a heat sealable polyurethane. The coating does not completely obscure the underlying nylon fabric. The jacket has a stand-up collar, a full front opening secured by a left-over-right four-snap closure, long hemmed sleeves and a straight cut hemmed bottom.

Style number IEO-3 is a man’s pair of bib-and-brace overalls constructed of a shell composed of a woven 100% nylon oxford fabric that is visibly coated on the outer surface with a heat sealable polyurethane. The coating does not completely obscure the underlying nylon fabric. The bib-and-brace overall has a front bib that extends more than six inches above the natural waistline, elasticized suspenders with plastic buckles that are worn over the shoulders and attached to the front bib by two buttons and long hemmed trouser legs.

Style number EJ-1 is a man’s full-length raincoat constructed of a shell composed of a woven flame-retardant 100% nylon oxford fabric that has a visible heat sealable polyurethane coating on the inner surface. The raincoat has a stand-up collar that is trimmed on the edge with a knit fleece fabric, a full front opening that is secured by a left-over-right five snap closure, long hemmed sleeves and a straight cut hemmed bottom. The raincoat also has two front pockets with flap closures below the waist and a free-hanging rear yoke that covers small circular cutouts used for ventilation.

Style number EJ-2 is a man’s lower hip-length jacket constructed of a shell composed of a woven flame retardant 100% nylon oxford fabric that has a visible heat sealable polyurethane coating on the inner surface. The jacket has an integral hood with a drawcord tightening, a full front opening secured by a left-over-right four snap closure, long hemmed sleeves and a straight cut hemmed bottom.

Style number EO-4 is a man’s pair of bib-and-brace overalls constructed of a shell composed of a woven flame retardant 100% nylon oxford fabric that has a visible heat sealable polyurethane coating on the inner surface. The garment has a front bib that extends more than six inches above the natural waistline, elasticized suspenders with plastic buckles that are worn over the shoulders and attached to the front bib by two buttons, a fly front opening secured by a one-snap closure and long hemmed trouser legs.

Style number EH-7 is a hood constructed of a woven flame retardant 100% nylon oxford fabric that has a visible heat sealable polyurethane coating on the inner surface. The hood has a drawcord tightening and features the top half of four snaps surrounding the neck area. The half portions of snaps are used to attach the hood to another garment.

The samples are being returned to you as you have requested.

The applicable subheading for style EJ-1 will be 6210.20.5000, 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 garments, of the type described in subheadings 6201.11 to 6201.19: of man-made fibers: other. The duty rate will be 7.2 percent ad valorem.

The applicable subheading for style numbers IEJ-1 and EJ-2 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, windbreakers and similar articles. The duty rate will be 7.2 percent ad valorem.

The applicable subheading for style numbers IEO-3 and EO-4 will be 6210.40.5040, 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: overalls and coveralls. The duty rate will be 7.2 percent ad valorem.

The applicable subheading for style number EH-7 will be 6505.90.8090, Harmonized Tariff Schedule of the United States (HTS), which provides for hats and headgear, of man-made fibers: other: other: other. The duty rate will be 19¢/kg + 6.9 percent ad valorem.

Garments made from material produced in the United States and shipped to China for manufacturing into a finished article by cutting and assembling become products of China and is fully dutiable and subject to quota restraints and a visa requirement.

Style numbers IEJ-1, EJ-1 and EJ-2 fall within textile category designation 634. Style numbers IEO-3, EO-4 and EH-7 fall within textile category designation 659. 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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