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NY K83216

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March 18, 2004
CLA-2-62:RR:NC:3:353 K83216

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.4500, 6203.43.3500, 6202.93.5011, 6203.43.4010, 6505.90.8090, 6217.10.9530

Mr. John Mattson
CTSI - Customs & Trade Solutions, Inc.
66 Witherspoon, Suite 321
Princeton, NJ 08542

RE: The tariff classification of protective wearing apparel from China.

Dear Mr. Mattson:

In your letter dated February 13, 2004, on behalf of Lion Apparel, you requested a classification ruling. As requested, the samples will be returned.

The submitted samples are Items EMSPRKA2 -Medic 1™ EMS Parka, EMSCOAT2 - Medic 1™ EMS Bomber Jacket, EMSPANT (elastic leg) & EMSPZ (zip leg) - Medic 1™ EMS Pants, EMSHOOD - Medic 1™ EMS Hood and EMSLINER2 - Medic 1™ EMS Removable Coat Liner. All items, except the liner, are constructed of an outer shell of woven 100% ripstop Cordura® nylon fabric.

The Items EMSPRKA2 -Medic 1™ EMS Parka & EMSCOAT2 - Medic 1™ EMS Bomber Jacket both meet OSHA standards, are lined and taped to resist liquid and blood-born pathogens, and feature a double storm flap, interior radio pocket, expandable patch pocket on the right chest, lower handwarmer pockets, silver reflective tape on the arms and front and back of the chest, shaped elbows, elasticized cuffs, and offers an optional hood and quilted winter liner.

The Items EMSPANT (elastic leg) & EMSPZ (zip leg) - Medic 1™ EMS Pants both meet OSHA standards, and feature a left side semi-bellows pocket, right side bellows pocket, patch pocket with zipper on right back hip, hook and loop/snap fly with slide release webbing belt, silver reflective tape at ankles, extra layer of reinforcing fabric at knees and seat, shaped knee and elasticized cuff.

The EMSHOOD - Medic 1™ EMS Hood for the Parka and the Bomber Jacket Hood meets OSHA standards and features snaps to attach to the parka or jacket.

The EMSLINER2 - Medic 1™ EMS Removable Coat Liner for the Parka and the Bomber Jacket Liner are constructed of a shell of woven 100% quilted nylon fabric with 100% polyester fill.

You state that the parka, jacket and pants are sold as unisex items, but have left over right closures. You ask if this will influence the classification of the garments.

This office notes that the parka and jacket feature a full front zipper closure and left over right hook and loop closure storm flaps. A storm flap is not considered to be a closure on a garment, the zipper is the closure and is considered a neutral closure. The parka and jacket are considered unisex. Chapter 62, Note 8 states that “Garments which cannot be identified as either men’s or boys’ garments or as women’s or girls’ garments are to be classified in the headings covering women’s or girls’ garments.”

The pants feature a left over right closure at the waist. Chapter 62, Note 8 states, “Garments in this chapter designed for left over right closure at the front shall be regarded as men’s or boys’ garments, and those designed for right over left closure at the front as women’s or girls’ garments. These provisions do not apply where the cut of the garment clearly indicates that it is designed for one or other of the sexes.” There is no clear cut to the pants, and they will be classified as men’s or boys’ garments.

You request classification of the parka, jacket and pants if they meet water resistant standards and if they do not meet the standards.

If the hoods or liners are imported with the parkas and jackets in the same shipment, in the same quantity as the parkas and jackets, they are classified with the parkas and jackets. If the hoods or liners are imported separately from the parkas and jackets, or are imported with the parkas and jackets in quantities in excess of the parkas and jackets, they are classified separately.

If the garments 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 subheading for the Items EMSPRKA2 -Medic 1™ EMS Parka & EMSCOAT2 - Medic 1™ EMS Bomber Jacket will be 6202.93.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for “Women’s or Girls’ overcoats, carcoats, capes, cloaksAnoraks (including ski-jacketsOf man-made fibers: Other: Other: Other: Water resistant.” The duty rate will be 7.1% ad valorem. The textile category designation is 635.

If the garments 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 subheading for the Items EMSPANT (elastic leg) & EMSPZ (zip leg) - Medic 1™ EMS Pants will be 6203.43.3500, Harmonized Tariff Schedule of the United States (HTS), which provides for “Men’s or boys’ suitstrousers, bib and brace overallsTrousers, bib and brace overalls, breeches and shorts: Of synthetic fibers: Other: Other: Other: Water resistant trousers or breeches.” The duty rate will be 7.1% ad valorem. The textile category designation is 647.

If the garments do not pass this test, then the applicable subheading for the Items EMSPRKA2 -Medic 1™ EMS Parka & EMSCOAT2 - Medic 1™ EMS Bomber Jacket will be 6202.93.5011, Harmonized Tariff Schedule of the United States (HTS), which provides for “Women’s or Girls’ overcoats, carcoats, capes, cloaksAnoraks (including ski-jacketsOf man-made fibers: Other: Other: Other: Other, Women’s.” The duty rate will be 27.7% ad valorem. The textile category designation is 635.

If the garments do not pass this test, then the applicable subheading for the Items EMSPANT (elastic leg) & EMSPZ (zip leg) - Medic 1™ EMS Pants will be 6203.43.4010, Harmonized Tariff Schedule of the United States (HTS), which provides for “Men’s or boys’ suitstrousers, bib and brace overallsTrousers, bib and brace overalls, breeches and shorts: Of synthetic fibers: Other: Other: Other: Other, Trousers and breeches: Men’s.” The duty rate will be 27.9% ad valorem. The textile category designation is 647.

The applicable subheading for the Items EMSHOOD - Medic 1™ EMS Hood and Bomber Jacket Hood, if imported separately, or in quantities in excess of the parkas and jackets in the shipment will be 6505.90.8090, Harmonized Tariff Schedule of the United States (HTS), which provides for “Hats and other headgear, knitted or crocheted or made fromother textile fabricOther: Of man-made fibers: Other: Not in part of braid, Other: Other: Other.” The duty rate will be 18.7 cents per kilogram plus 6.8% ad valorem. The textile category designation is 659.

The applicable subheading for the Items EMSLINER2 - Medic 1™ EMS Removable Coat Liner and Bomber Jacket Liner, if imported separately, or in quantities in excess of the parkas and jackets in the shipment will be 6217.10.9530, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other made up clothing accessories; parts of garmentsAccessories: Other: other, Of man-made fibers.” The duty rate will be 14.6% ad valorem. The textile category designation is 659.

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 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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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See also:

• Tariff No.: 6202.93.45 - Women's or girls' anoraks, windbreakers and similar articles, not knitted or crocheted, of manmade fibers, nesoi, water resistant
• Tariff No.: 6202.93.50 - Women's or girls' anoraks, windbreakers and similar articles, not knitted or crocheted, of man-made fibers, nesoi
• Tariff No.: 6203.43.35 - Men's or boys' trousers and breeches, not knitted or crocheted, of synthetic fibers, nesoi, water resistant
• Tariff No.: 6203.43.40 - Men's or boys' trousers, breeches & shorts, of synthetic fibers, con under 15% wt down etc, cont under 36% wt wool, n/water resist, not k/c
• Tariff No.: 6217.10.95 - Made up clothing accessories (excl of heading 6212 or headbands, ponytail holders & like), containing < 70% wgt of silk, not knit/crochet
• Tariff No.: 6505.90.80 - Hats and headgear, of mmf, made up from felt or o/textile material (but n/knitted or crocheted), not in part of braid