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NY 881345

January 14, 1993

CLA-2-62:S:N:N5:353 881345


TARIFF NO.: 6210.10.4025

Mr. Victor Yau
Billwin Limited
B2, 18F, Chaiwan Industrial Centre
20 Lee Chung Street
Chai Wan, Hong Kong

RE: The tariff classification of a TYVEK jacket from China.

Dear Mr. Yau:

In your letter dated December 3, 1992, you requested a tariff classification ruling.

The submitted sample is a light weight, outerwear jacket constructed entirely from "TYVEK" fabric which is a spun bonded olefin fabric synthetically formed from high density polyethylene fiber. The jacket features a full frontal zippered opening, long sleeves, an elasticized waist and a collar.

In your letter you request classification in subheading 6210.10.2000, Harmonized Tariff Schedule of the United States (HTS). In order to be classified under this subheading, the jacket not only would have to be of a nonwoven material, it would also have to be of a fabric formed on a base of paper or covered or lined with paper. TYVEK material is not. Therefore, while the garment is constructed of a nonwoven fabric classifiable under heading 6210, HTS, we do not concur with your proposed classification.

Accordingly, the applicable subheading for the jacket will be 6210.10.4025, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of heading 5602, 5603...other. The rate of duty will be 17 percent ad valorem.

The jacket falls within textile category designation 659. Based upon international textile trade agreements, products of China are subject to quota restraints and visa requirements.

The designated textile and apparel category 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.

You also state that you intend to export "Tyvek" material of United States origin in roll form to China where it will be cut and sewn into the finished jacket. The garment would then be imported into the U.S. While the duty rate and quota status of the merchandise will not be effected by the U.S. origin fabric, the valuation of the merchandise is effected. If the fabric is supplied, directly or indirectly, free of charge or at a reduced cost to the manufacturer of the jacket, the fabric would be considered an assist under Section 152.102 (a) (1) of the Customs Regulations (19 C.F.R. 152.102 (a) (1) ). The value of the assist would include the costs to acquire the fabric and transport it to the manufacturer. To the extent that the value of the assist is not included in the price paid or payable for the finished merchandise, it must be added to that price in determining the transaction value and entered value of the imported jacket.

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.


Jean F. Maguire
Area Director

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