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NY L80045




October 29, 2004

CLA-2-62:RR:NC:TA:357 L80045

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020; 6210.40.5030

Ms. Della Hardin
Harley-Davidson Motor Co.
3700 W. Juneau Ave.
Milwaukee, WI 53208

RE: The tariff classification of a rainsuit from China

Dear Ms. Hardin:

In your letter dated September 28, 2004, you requested a classification ruling. Samples were submitted and are being returned as you requested.

The item in question, style 97325-01VX, consists of a jacket and pants set packed in a matching storage bag. Both garments are made from a woven 100% nylon fabric with a visible polyurethane coating on the inner surface and have taped seams.

The jacket of this set has a full front opening with a zipper closure covered by a six-snap flap, a standup collar lined with fleece and secured with hook and loop closures, a full lining in the body and sleeves, a zip-off hood with elasticized adjustment and a chin guard, long sleeves with a hook and loop tab and partial elastic at the ends, zippered pockets at the waist and in the chest, gusseted sleeves, a strip of fabric inserted on the bottom hem secured by two snaps and having an elasticized tightening, a yoke back with mesh underneath and adjustable belt segments at the waist, which are secured on either side of the front opening with plastic hooks and hook and loop fasteners. The Harley-Davidson logo is applied on the left chest and in the upper back.

The trousers of this set are unlined and have reinforcement patches on the calf, at the knees and in the seat. Each leg has a zipper extending from the bottom hem to approximately the knee. These zippers are covered with a flap secured by hook and loop closures. Other features of this garment include a fly front, elasticized suspenders with plastic buckles, a partially elasticized waistband with a left over right snap closure, zippered pockets below the waist, a patch pocket on the right thigh and elasticized stirrups.

The storage pouch attached to the jacket is rectangular and measures approximately 11x13-inches. It is made of the same fabric as the garment and has a flap closure secured by hook and loop fasteners. It is considered a composite good with its contents.

In your letter you suggested classification of this set as unisex under the tariff provisions for women’s garments. In support of this you noted that the garments are offered for sale in sizes ranging from extra small to 3X and are offered to both sexes.

Chapter 62, HTSUS, Legal Note 8 states in pertinent part that garments of Chapter 62 designed for left over right closure are generally to be regarded as men’s or boys’. This provision governs the gender identity of the trousers for tariff purposes. In addition, outerwear garments designed according to men’s sizing specifications will normally be classified as men’s. The fact that the set is offered in smaller sizes is not controlling for this type merchandise.

The applicable subheading for the jacket 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 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.

The jacket of style 97325-01VX falls within textile category designation 634; the trousers fall within category 647. 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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