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NY B86103




June 16, 1997

CLA-2-62:RR:NC:WA:357 B86103

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511; 6203.43.3500; 6203.43.4010; 4202.92.3030

Mr. Alan Drake
Fritz Companies, Inc.
1721 W. Elfindale, Suite 205
Springfield, MO 65807

RE: The tariff classification of a man's rain suit and carry bag from Taiwan

Dear Mr. Drake:

In your letter dated May 30, 1997, on behalf of Haas Outdoors, Inc., you requested a classification ruling.

The sample submitted, style number 0090 "Mossy Oak Dry Lite Rain Suit", consists of a man's jacket and a pair of trousers. The jacket and trousers are constructed of a shell composed of a camouflage design woven 70 Denier 100% nylon fabric which you state is coated on the inner surface with polyurethane.

The jacket has an integral hood with an elastic drawcord tightening and a full front opening secured by a zipper closure. An overlapping flap with four "VELCRO"-type fasteners covers the zipper area. The garment has a free-hanging back yoke for ventilation, two double-entry front pockets secured by flaps with a "VELCRO"-type fastener, long sleeves with elastic sleeve cuffs and an elastic drawcord through the bottom hem.

The trousers feature an elasticized waistband with a drawcord tightening and adjustable snap closures on the ankle cuffs.

Imported with the rainsuit is a waist carry bag composed of a woven nylon fabric. The carry bag has an opening at the top that is secured by a zipper closure and is approximately 9 inches in length and 10-1/2 inches in width. The carry bag features two elastic straps with a plastic buckle which allows the wearer to secure and carry the bag around their waist. The carry bag is substantially constructed and is not adapted to the garment nor is it mutually complementary in that neither finishes or completes the other. The bag is not specially shaped nor fitted to contain a particular article nor set of articles. The bag and the garment are not put up to meet a particular need or activity. The bag is a portable means of providing storage and protection to a personal effect.

The sample is being returned to you.

If the jacket passes the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTS), Chapter 62, U.S. Note 2, then the applicable HTS subheading for the garment will be 6201.93.3000, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.4 percent ad valorem.

If the jacket does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6201.93.3511, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 29 percent ad valorem.

If the trousers pass the water resistance test, then the applicable HTS subheading for the garment will be 6203.43.3500, which provides for other men's or boys' water resistant trousers or breeches, of synthetic fibers. The duty rate will be 7.4 percent ad valorem.

If the trousers do not pass the water resistance test, then the applicable HTS subheading for the garment will be 6203.43.4010, which provides for other men's trousers or breeches, of synthetic fibers. The duty rate will be 29.2 percent ad valorem.

The applicable HTS subheading for the carry bag 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 19.3 percent ad valorem.

The jacket falls within textile category designation 634. The trousers fall within textile category designation 647. The bag falls within textile category designation 670. Based upon international textile trade agreements products of Taiwan 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,

Paul K. Schwartz
Chief, Textiles & Apparel Branch

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