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NY 859240


JAN 18 1991

CLA-2-62:S:N:N3I:357 859240

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.1020; 6210.40.1030

Mr. Richard A. Brann
Marketex Corporation
29 Haines Road
3rd Floor
Bedford Hills, New York 10507

RE: The tariff classification of a man's rain jacket and a man's pair of rain pants from Hong Kong

Dear Mr. Brann:

In your letter dated December 27, 1990, you requested a classification ruling.

Two samples were submitted as follows: Style number M-128 is a man's hip-length rain jacket and style M-129 is a man's pair of rain pants. Both garments are constructed of a 100% nylon fabric shell which is visibly laminated with a "3M" breathable, waterproof and windproof membrane "Somitex" on the inner surface. The jacket has a 100% nylon mesh lining.
The rain jacket has a full front opening with a heavy-duty zipper closure and an overlapping flap secured by four snaps covering the zipper area. The garment's collar is also secured by snaps. A contrasting colored horizontal strip of fabric is located across the chest. The two front pockets at the waist, each sleeve cuff and the side seam tabs have "VELCRO"-type fasteners.

The rain pants feature a zippered fly front secured by an adjustable "VELCRO"-type fastener tab on the front waist. The back of the waist is elasticized. There are two zippered front pockets and one back pocket. The back pocket is secured by a "VELCRO"-type fastener flap. Each pants leg has a zipper opening on the ankle cuffs.

The samples are being returned to you as you have requested.

The applicable subheading for the rain jacket will be 6210.40.1020, 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 men's or boys' garments, of man-made fibers, other, anoraks, windbreakers and similar articles. The duty rate will be 7.6 percent ad valorem.

The applicable subheading for the pair of rain pants will be 6210.40.1030, 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 men's or boys' garments, of man-made fibers, other, trousers and breeches. The duty rate will be 7.6 percent ad valorem.

The rain jacket falls within textile category designation 634. The pair of rain pants fall within textile category designation 647. Based upon international textile trade agreements products of Hong Kong are not presently subject to quota restraints but a visa is required.

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. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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