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NY J86935




August 22, 2003

CLA-2-62:RR:NC:TA:357 J86935

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020; 6210.40.5030

Ms. Maynonne Ford
Direct Source Marketing/Hunchan Ltd.
1324 West Blvd.
Racine, WI 53405

RE: The tariff classification of a rainsuit from China or other Asian countries

Dear Ms. Ford:

In your letter dated July 23, 2003, you requested a classification ruling. Samples were submitted and are being returned as you requested.

The merchandise in question consists of a jacket and a pair of bib pants made from a woven nylon fabric with a clear polyurethane coating on the outer surface. The coating, which is visible, does not completely obscure the underlying fabric. The seams have been sewn but may be heat-welded.

The jacket extends below the hips and has a full front opening secured by a five-snap, left over right front closure. It has a hemmed bottom, long sleeves with hemmed ends and four snaps on the collar for attaching a self-fabric hood with a drawstring tightening.

The trousers have snap tabs and a gusset on both sides of the waist and snaps at the ends of the legs for fit adjustment. They have a front and back bib and adjustable elasticized shoulder straps. The front bib does not extend significantly above the natural waistline to provide chest coverage.

The applicable subheading for the jacket will be 6210.40.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907, other men’s or boys’ garments, of man-made fibers, anoraks (including ski-jackets), windbreakers and similar articles. The duty rate will be 7.2 percent ad valorem.

The applicable subheading for the bib pants will be 6210.40.5030, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907, other men’s or boys’ garments, of man-made fibers, trousers, breeches and shorts. The duty rate will be 7.2 percent ad valorem.

The jacket falls within textile category designation 634; the trousers fall within textile category designation 647. Based upon international textile trade agreements products of China and many other countries 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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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