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NY C81238

November 17, 1997

CLA-2-62:RR:NC:WA:357 C81238


TARIFF NO.: 6210.40.5020; 6101.30.2010

Mr. Brian Wavra
Rainfair, Inc.
Box 1647
Racine, WI 53401

RE: The tariff classification of a man's double jacket set from China, Taiwan or Pakistan

Dear Mr. Wavra:

In your letter dated October 22, 1997, you requested a classification ruling.

The sample submitted, style number 97072 "Lacrosse 2-in-1 System Jacket", is a man's two-piece jacket set. The two-piece jacket set consists of a thigh-length outer jacket and a hip-length inner jacket which can be zippered together along the front edges and snapped together at the wrists so as to be worn as one garment. Although the jackets are worn together, each jacket can also be worn separately and will be classified as a separate garment.

In your letter you state that the outer jacket is constructed of a fabric called "Storm Seal". Examination of the sample and descriptive literature you provided indicates that the shell fabric is composed in a camouflage pattern of a woven man-made fiber flocked fabric. It consists of a 65% polyester/35% cotton woven fabric bonded to polyurethane film described as a "Storm Seal Membrane" on the inner surface. The outer surface of the fabric has had an adhesive applied and then a nylon flock over it to form the outer surface. The literature also indicates that Teflon has been applied to the inner and outer surfaces. The garment is lined with a woven man-made fabric.

The outer jacket features a detachable hood with a drawcord tightening and "VELCRO"-type fasteners. The hood is held to the garment by four snaps. The garment has a full front opening with a two-way zipper closure which extends to the top of the collar as well as a secondary zipper for attaching the inner jacket. An overlapping flap with seven snap closures covers the zipper area. There are two zippered chest pockets, an inner drawcord tightening at the waist, two double entry bellows pockets secured by flaps with a snap closure below the waist, two inner pockets, two inner snap tabs at the wrists and "VELCRO"-type fasteners on the sleeve cuffs.

The inner jacket is constructed of a camouflage pattern knit 100% polyester pile fabric. The jacket has a full front opening secured by a zipper closure, a ribbed-knit fabric collar, sleeve cuffs and waistband and two front pockets at the waist. On the inner portion of the sleeve cuffs there is a tab with a plastic D-ring for attaching to the outer jacket.

The samples are being returned to you as you have requested.

The applicable subheading for the outer jacket will be 6210.40.5020, 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 men's or boys' garments, of man-made fibers, anoraks, (including ski jackets), windbreakers and similar articles. The duty rate will be 7.4 percent ad valorem.

The applicable subheading for the inner jacket will be 6101.30.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for other men's anoraks, windbreakers and similar articles, knitted or crocheted, other than those of heading 6103, of man-made fibers. The duty rate will be 29.5 percent ad valorem.

Each jacket falls within textile category designation 634. Based upon international textile trade agreements products of China, Taiwan or Pakistan 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.


Robert B. Swierupski

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