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NY C81629




December 3, 1997

CLA-2-62:RR:NC:WA:357 C81629

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511; 4202.92.3030

Ms. Julie M. Dausman
Ex Officio, Inc.
1419 Elliott Avenue West
Seattle, Washington 98119

RE: The tariff classification of a man's jacket with a fanny bag from China

Dear Ms. Dausman:

In your letter dated November 5, 1997, you requested a classification ruling.

The sample submitted, style number 2135 "Traveling Convertible Jacket", is a man's thigh-length jacket constructed of a woven 100% nylon fabric which you state is coated with a 600mm clear polyurethane which renders the garment water resistant. The garment has a contrasting color lining of the same fabric as the shell with a partial 100% "Hydrofil" mesh insert on the upper portion of the back panel for ventilation purposes.

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

The jacket has a detachable hood with four snaps and a drawcord tightening and a full front opening secured by a double-pull zipper closure. The jacket features zip-off sleeves allowing the jacket to be worn as a vest. There are two bellows chest pockets secured by flaps with "VELCRO"-type fasteners. The left chest pocket also has a textile loop with a plastic D-ring at the bottom and a sewn-on textile label featuring the trade name "EX OFFICIO". The garment has an inner drawcord tightening at the waist, two triple entry pockets secured by flaps with "VELCRO"-type fasteners located below the waist, a zippered pocket above the right triple entry pocket, three inner pockets, a snap closure on the sleeve cuffs and two side vents at the bottom seam. The jacket's back yoke is quilted and there are two side vents on the back panel which cover the mesh lining.

Imported with the jacket is a "Lower Lumbar/Stuff Sack" fanny bag. The fanny bag is of the same fabric as the jacket, has a barrel shape and is approximately sixteen inches in length. The bag has round woven fabric inserts on each end, a zipper opening along the length and two textile straps with a plastic buckle. The wearer can carry the bag by fastening the straps around the waist. You indicate in your letter that the "Lower Lumbar/Stuff Sack" will be sold with the "Traveling Convertible jacket" and is marketed as a bag to store the jacket when not in use.

The fanny 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 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, and the garment is designed to be worn by a person.

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

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.

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 634. The bag falls 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,

Robert B. Swierupski
Director,

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