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NY A86906





September 23, 1996

CLA-2-62:RR:NC:WA:357 A86906

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.30.5000; 4202.92.3030

Ms. Sharon Huebschwerlen
Mycra Pac Designer Wear
535 Center Street
Moraga, California 94556

RE: The tariff classification of two women's raincoats with carrying bags from China

Dear Ms. Huebschwerlen:

In your letter dated August 23, 1996, you requested a classification ruling.

Two samples were submitted as follows: Style number 18240 is a woman's full length reversible raincoat made from a woven 51% polyester/49% nylon fabric with a 600mm polyurethane coating on one surface. According to the information supplied with your inquiry the fabric is 150 x 82, 70D x 150D and weighs 206 gr/yd with the coating, which weighs 57 gr/yd. Style number 18240 will also be imported in different colors and pattern designs under style numbers 19640 and 15440.

Style number 18240 extends from the shoulders to below the calf in length. The raincoat has a full front opening. On each side of the garment the front opening is secured by a one button closure at the neck. The garment has a self-fabric belt, two side seam pockets and two slash openings below the waist. The slash openings allows the wearer to have easy access into inner garments.

Style number 18257 is a woman's knee length raincoat. You state that when imported the knee length raincoat will be made from the exact woven 51% polyester/49% nylon fabric with the 600mm polyurethane coating on one surface as the full length raincoat. The knee length raincoat will not be reversible.

Style number 18257 has a full front opening secured by four button closures. There is a self-fabric tab at the neck which has a button closure. Two front pockets secured by a buttoned flap are located below the waist.

Examination of the garments indicates that the coating qualifies as visible as that term is defined in the tariff.

Imported with the raincoats are carrying bags. The carrying bag imported with style numbers 18240, 19640 and 15440 is opened at the top and is approximately 11 inches in length and 11-3/4 inches in width. The carrying bag imported with style number 18257 has an opening at the top that is covered by a flap closure and is approximately 10-1/2 inches in length and 11 inches in width. Each carry bag has a textile strap which allows the user to hang and carry the bag from the shoulder.

The carrying bags are man-made textile fabric travel bags of a kind not normally sold at retail with a garment. Each bag is substantially constructed and is not adapted to the garment nor are they mutually complementary in that neither finishes or completes the other. The bags are not specially shaped nor fitted to contain a particular article nor set of articles. The bags and the garment are not put up to meet a particular need or activity. The bags are a portable means of providing storage and protection to a personal effect, and the garment is designed to be worn by a person.

The samples are being returned to you.

The applicable subheading for the raincoats will be 6210.30.5000, 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 garments, of the type described in subheadings 6202.11 to 6202.19: Of man-made fibers: Other. The duty rate will be 7.5 percent ad valorem.

The applicable subheading for the bags will be 4202.92.3030, which provides for travel, sport and similar bags, with outer surface of textile materials, of man-made fibers. The duty rate will be 19.5 percent ad valorem.

The raincoats fall within textile category designation 635. The bags fall 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. 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 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 W. Raftery at 212-466-5851.

Sincerely,

Roger J. Silvestri
Director

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