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NY B87889




August 18, 1997

CLA-2-62:RR:NC:WA:357 B87889

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.50.5020; 4202.92.3030

Mr. William F. Sullivan
MSAS Customs Logistics, Inc.
248-06 Rockaway Blvd.
Jamaica, N.Y. 11422

RE: The tariff classification of a woman's jacket and carrying bag from Hong Kong

Dear Mr. Sullivan:

In your letter dated July 17, 1997, on behalf of your client, Newport News, Inc., you requested a classification ruling.

The sample submitted, style number S98-75-002, is a woman's jacket constructed of a shell composed of a woven 100% nylon fabric which has a visible acrylic polyurethane coating on the inner surface.

The jacket has an integral hood with a drawcord tightening, a stand-up collar and a full front opening secured by a zipper closure which extends to the top of the collar. The garment's hood can be rolled up and concealed within the collar by a zipper. There are two front slash pockets at the waist, long sleeves with elasticized sleeve cuffs and a drawcord tightening at the bottom hem.

Imported with the jacket is a carrying bag. The bag is constructed of a woven nylon fabric and measures approximately 10 inches in length and 8 inches in width. The bag has an opening at the top which is secured by a drawcord with a plastic cord stopper.

The carrying bag is a man-made textile travel bag of a kind not normally sold at retail with a garment. The 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 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 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 sample is being returned to you.

The applicable subheading for the jacket will be 6210.50.5020, 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 women's or girls' garments: of man-made fibers: other anoraks, windbreakers and similar garments. The duty rate will be 7.4 percent ad valorem.

The applicable subheading for the bag will be 4202.92.3030, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers, other. The duty rate will be 19.3 percent ad valorem.

The jacket falls within textile category designation 635. The bag falls within textile category designation 670. Based upon international textile trade agreements products of Hong Kong 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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