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NY K88489




September 1, 2004
CLA-2-62:RR:NC:TA:357 K88489

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.30.5000

Ms. Susan Wilson
SDW Global Marketing, LLC
970 Oakhaven Dr.
Roswell, GA 30075

RE: The tariff classification of a “Rain Wrap” from China

Dear Ms. Wilson:

In your letter dated August 4, 2004, you requested a classification ruling. A sample was submitted and is being returned as you requested.

The item in question, described as a rain wrap, is a rectangular poncho-like garment, which measures approximately 67-inches wide by 41-inches long. The body is made of a woven nylon fabric you described as waterproof and the lining is a 280 gram/m2 terry knit fabric. This sleeveless garment has a right-over-left front closure secured by two hook and loop fasteners and a hood with a drawstring. When not in use the article may be folded and stored within an integral pocket with a shoulder strap.

With your letter you included a copy of U.S. patent 6,243,873 B1, which illustrates the rain wrap being worn and carried on the shoulder and also functioning as a cushion or a bleacher cover. Although this item has the potential for use other than as a protective garment, it is our opinion that its primary function is as a poncho.

Examination of the shell fabric reveals that it is coated to the extent that the interstices where the yarns intersect are filled with the coating material, which also creates a “broken bubble” effect on the surface. As such, we consider the coating to be visible as that term is used in the tariff.

The applicable subheading for the rain wrap will be 6210.30.5000, 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 6202.11 to 6202.19, of man-made fibers. The duty rate will be 7.1 percent ad valorem.

The rain wrap falls within textile category designation 635. 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 William Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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