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NY 891273

OCTOBER 29, 1993

CLA-2-62:S:N:N5:357 891273


TARIFF NO.: 6202.93.5011; 4202.92.3030

Ms. Carrie L. McRae
DeSar, Inc.
1419-A Elliott Avenue West
Seattle, Washington 98119

RE: The tariff classification of a unisex jacket and a "Fanny" bag from China

Dear Ms. McRae:

In your letter dated October 1, 1993, you requested a classification ruling.

The sample submitted, "Traveling Convertible," style number 2013, is an upper-thigh length jacket. The jacket is constructed of an outershell composed of a woven brushed 100% nylon fabric and is indicated to be a unisex garment in your advertising catalog and price list. The garment features a contrasting colored lining of the same fabric as the shell with a partial 100% Hydrofil mesh insert on the upper back panel.

The garment has a full front opening secured by a heavy-duty zipper closure. The jacket features zip off sleeves which allows the garment to be worn as a vest. There are two bellows chest pockets with flaps, two triple entry pockets with flaps located below the waist and three inner pockets. The pockets are secured by "VELCRO"-type fasteners. Above the right triple entry pocket there is a zippered pocket. Sewn onto the front of the right chest pocket is a smaller pocket and a textile label featuring the trade name "Ex Officio". At the bottom of the left chest pocket there is a sewn on textile loop with a hanging plastic D-ring. Above the pocket there is a textile strip with a "VELCRO"-type fastener. Located on each side of the waist is an adjustable nylon textile strap and plastic buckle used for cinching in at the waist. The garment's back yoke is quilted and the back panel has two side vents which cover the mesh insert.

Imported with the jacket is a "Fanny" bag. The bag is constructed of the same fabric as the jacket and has a front zipper closure and two textile nylon strap extensions with a plastic buckle which allow the wearer to secure the "Fanny" bag around the waist. The bag is suitable for repetitive use and if imported with the jacket it will be classified separately.

If the jacket is sold to both males and females and cannot be identified as exclusively men's, then the applicable classification for the garment will be in the HTS covering women's garments.

The applicable subheading for the jacket will be 6202.93.5011, Harmonized Tariff Schedule of the United States (HTS), which provides for other women's anoraks, windbreakers and similar articles, of man-made fibers. The duty rate will be 29.5 percent ad valorem.

The applicable subheading for the "Fanny" bag will be 4202.92.3030, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sport or similar bags, with outer surface of textile materials, other, of man-made fibers. The duty rate will be 20% ad valorem.

The jacket falls within textile category designation 635. The "Fanny" bag falls within textile category designation 670. Based upon international textile trade agreements products of China are presently subject to quota restraints and the requirement of a visa.

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.


Jean F. Maguire
Area Director

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