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NY C81285

November 21, 1997

CLA-2-62:RR:NC:WA:357 C81285


TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Angela Tumbarello
CYRK, Inc.
3 Pond Road
Gloucester, MA 01930

RE: The tariff classification of a man's combination jacket/backpack; composite good; from Korea, China or Guatemala

Dear Ms. Tumbarello:

In your letter dated October 20, 1997, you requested a classification ruling.

The sample submitted, style name "All Terrain", is a man's combination jacket/backpack. The jacket/backpack is constructed of a woven 70 denier ripstop nylon fabric for the jacket and of a woven 500 denier "Cordura" nylon fabric for the backpack. In a phone conversation you stated that both the jacket portion and the backpack portion are coated with polyurethane for water resistance.

The coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.

The jacket/backpack can be transformed into the backpack by folding the jacket and inserting it into the opening that surrounds the outer edge of the backpack. The jacket can be secured within the opening by two zipper closures located on each side of the outer edge. When the item is used as the backpack it features two textile straps with plastic buckles on the inner surface and two zippered pockets on the outer surface. By putting his arms and shoulders through the textile straps the wearer can carry the jacket/backpack on his back as well as carry other articles in the zippered pockets.

To transform the jacket/backpack into the jacket one can open the zippers on the outer edge of the backpack and unfold the jacket. When the item is used as a jacket it has a full front opening secured by a zipper closure that extends to the top of the collar, long sleeves with elasticized sleeve cuffs, two front zippered pockets located at the waist and an elasticized waistband.

You indicate in your letter that the jacket/backpack also contains a removable plastic water bladder with rubber hose which we did not receive with the item. This ruling applies only to the jacket/backpack combination.

Your sample is being returned to you as you have requested.

In accordance with GRI Rule 3(c) of the Harmonized Tariff Schedules when goods cannot be classified by reference to GRI Rule 3(a) or 3(b), they are to be classified in the heading which occurs last in numerical order among those which equally merit consideration in determining their classification. In this case neither the jacket nor the backpack provides the essential character. Therefore, classification will be as a jacket based on the above.

If the jacket/backpack 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/backpack 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.

The jacket/backpack falls within textile category designation 634. Based upon international textile trade agreements products of Korea and China are presently subject to quota restraint and the requirement of a visa. Products of Guatemala are not presently subject to quota restraints or 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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