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NY 859241


JAN 18 1991

CLA-2-62:S:N:N3I:357 859241

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.1020; 6210.40.1030

Mr. Richard A. Brann
Marketex Corporation
29 Haines Road, 3rd Floor
Bedford Hill, N.Y. 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-125 is a man's hip-length rain jacket and style number M-127 is a man's pair of rain pants. Both garments are constructed of a 100% nylon fabric shell which is visibly laminated on the inner surface with "Entrant", a breathable, waterproof and windproof backing. Both garments have a 100% nylon taffeta lining.

The rain jacket is composed of contrasting colored fabric inserts and has a full front opening with a heavy-duty zipper closure. There is an overlapping flap with three "VELCRO"-type fasteners covering the zipper area. The garment's collar and two front pockets located at the waist are also secured by "VELCRO"- type fasteners. The sleeve cuffs and waistband are partially elasticized.

The rain pants have a zippered fly front secured by a snap closure on the front waist. On the sides of the waistband there are two adjustable tabs with "VELCRO"-type fasteners. The back of the waistband is elasticized. There are two side pockets and one back pocket below the waist. The back pocket has a "VELCRO"- type fastener flap. Each pants leg has a zipper opening on the ankle cuff.

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. 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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