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NY K80963





January 14, 2004
CLA-2-62:RR:NC:TA:357 K80963

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020; 6210.40.5030; 6201.93.3000; 6201.93.3511; 6203.43.3500; 6203.43.4010

Mr. Phil Patterson
Phil Patterson, Inc.
1209 Harney St.
Omaha, Nebraska 68102

RE: The tariff classification of warm-up rain sets from Pakistan

Dear Mr. Patterson:

In your letter dated December 15, 2003, on behalf of Blazer Mfg. Co., you requested a classification ruling. Samples were submitted with your request.

The first item, “#69 Storm Set,” consists of a jacket and trousers made from a woven 100% supplex nylon shell fabric with a waterproof, breathable coating on the inner surface. The jacket is lined in most of the body and sleeves with a knit mesh fabric and in the lower portion of the sleeves with a taffeta-type woven fabric. Other features include long sleeves with elastic and a tab closure at the sleeve ends, a full front opening with a zipper that extends to the top of the collar and is covered by a flap with six snaps, an elasticized drawcord at the bottom hem, sealed seams, side pockets with concealed zippers, a back yoke partially secured by hook and loop tape, a stowable hood and contrasting piping on the front and back panels, the sleeves and the side seams of the body.

The trousers of style #69 have a mostly mesh lining, with a woven fabric in the lower legs. This garment also has a fully elasticized waistband with an inner drawstring, sealed seams, vertical zippers on each lower leg, zippered side pockets and contrasting piping on the outside of each leg.

The coating on the inner surface of the shell fabric of the jacket and trousers of style #69 is visible to the naked eye.

Style “#66 Flex Set “ consists of a matching jacket and trousers made from a woven 100% taslan nylon shell fabric which is described as water resistant. Other than the shell fabric and the coating, the features of this set are essentially the same as those of style #69, except that the seams are not sealed and the jacket yoke is free-hanging. In the case of style #66, however, the coating is not visible as that term has been defined for tariff purposes.

The catalog submitted with your ruling request shows one set being worn by a man, the other by a woman, with each set being offered in size range S-XXXL. Based on a review of the samples and the size chart in the catalog, it appears that the garments are designed according to men’s cutting specifications. In such cases (and when there is no contrary information) the goods are classifiable as men’s even if worn by both men and women. Therefore, classification will be as men’s.

The applicable subheading for the jacket of style #69 Storm Set will be 6210.40.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s or boys’ garments made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907, of man-made fibers, anoraks (including ski-jackets), windbreakers and similar articles. The duty rate will be 7.1 percent ad valorem.

The applicable subheading for the trousers of style #69 Storm Set will be 6210.40.5030, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s or boys’ garments made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907, of man-made fibers, trousers, breeches and shorts. The duty rate will be 7.1 percent ad valorem.

Style #66 Flex Set is eligible for classification under the tariff subheadings for water resistant garments.

If meeting the terms for water resistance described in Harmonized Tariff Schedule Chapter 62, Additional U.S. Note 2, the applicable subheading for the jacket portion of style #66 Flex Set will be 6201.93.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s or boys’ anoraks (including ski-jackets), windbreakers and similar articles, of man-made fibers, water resistant. The duty rate will be 7.1 percent ad valorem.

If not meeting the terms of Additional U.S. Note 2, the applicable subheading for the jacket portion of style #66 Flex Set will be 6201.93.3511, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s anoraks (including ski-jackets), windbreakers and similar articles, of man-made fibers. The duty rate will be 27.7 percent ad valorem.

If meeting the terms for water resistance described in Harmonized Tariff Schedule Chapter 62, Additional U.S. Note 2, the applicable subheading for the trousers portion of style #66 Flex Set will be 6203.43.3500, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s or boys’ water resistant trousers or breeches of synthetic fibers. The duty rate will be 7.1 percent ad valorem.

If not meeting the terms for water resistance in Additional U.S. Note 2, the applicable subheading for the trousers portion of style #66 Flex Set will be 6203.43.4010, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s trousers or breeches of synthetic fibers. The duty rate will be 27.9 percent ad valorem.

The jackets of both styles fall within textile category designation 634. The trousers of both styles fall within textile category designation 647. Based upon international textile trade agreements products of Pakistan 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 William Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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