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NY D81086




August 27, 1998

CLA-2-62:RR:NC:WA:357 D81086

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511; 6203.43.1500; 6203.43.2010; 6210.40.5020; 6210.40.5030

Mr. Scott D. Noe
Tower Group International, Inc.
821 2nd Ave. #1400
Seattle, WA 98104

RE: The tariff classification of five men's jackets, four pairs of men's trousers and a man's pair of bib-and-brace overalls from China

Dear Mr. Noe:

In your letter dated August 6, 1998, on behalf of Alliance Mercantile, Inc., you requested a classification ruling.

Five samples were submitted as follows: Style number 839 "Tempest", consists of a man's jacket and pair of trousers. Both the jacket and trousers are constructed of a shell composed of a woven 100% polyester fabric which has a visible PVC coating on the inner surface. Both garments are lined with a 100% nylon fabric.

The jacket has a stand-up collar composed of a knit fleece fabric on the outer surface and a polyester fabric on the inner surface. The garment has a full front opening which is secured by a double pull zipper closure. Two overlapping flaps with six "VELCRO"-type fasteners cover the zipper area. The garment features an integral hood with two "VELCRO"-type fasteners at the neck and a drawcord tightening. The hood can be rolled up and secured within the garment's collar by "VELCRO"-type fasteners. There are two vertical pockets with zipper closures on the chest, a zippered inner pocket, an inner drawcord at the waist, sleeve cuffs with tabs secured by "VELCRO"-type fasteners, two front pockets with zipper closures below the waist and a drawcord tightening at the bottom hem. There is a zippered side vent under each armhole. The tradename "Viking" is featured on the back of the collar and on the left front pocket. The trousers have an elastic waistband with an inner drawcord tightening. Below the waist there is a fly front opening secured by a "VELCRO"-type fastener. The garment has side vents with "VELCRO"-type fasteners below the waist for easy access into an inner garment, a zippered right rear pocket which features the tradename "Viking" and elasticized ankle cuffs with a double pull zipper closure and a "VELCRO"-type fastener.

Style number 711 "Mariner", consists of a man's jacket and pair of trousers. Both the jacket and trousers are constructed of an outershell composed of a woven 100% nylon fabric which has a visible PVC coating on the inner surface. The jacket has a stand-up collar with a "VELCRO"-type fastener at the front and an integral hood secured by a drawcord tightening. The hood can be rolled up and secured within the collar by a zipper closure. The garment has a full front opening secured by a zipper, two front pockets with "VELCRO"-type fasteners, a drawcord thru the bottom hem, inner elasticized storm cuffs and a back yoke which covers a partial nylon mesh lining. The trousers have an elasticized waistband and a tab with a "VELCRO"-type fastener at the bottom of each trouser leg.

Style number 829 "Torrent", consists of a man's jacket and pair of trousers which are constructed of outershells composed of a woven 100% nylon fabric which has a PVC coating on the inner surface. The jacket has an integral hood with a drawcord tightening and a full front opening secured by a double pull zipper closure. There is an overlapping flap with seven snaps that covers the zipper area. The hood can be rolled up and secured within the garment's collar by two snaps. The garment has an inner drawcord at the waist, two front pockets secured by flaps with "VELCRO"-type fasteners, a drawcord tightening thru the bottom hem, a back yoke which covers a nylon mesh lining, two grommets under each armhole for ventilation and partially elasticized sleeve cuffs secured by a tab with a "VELCRO"-type fastener. The "Viking" trade name is featured on the back portion of the collar and on the left front pocket. The trousers have an elasticized waistband and a tab with a "VELCRO"-type at the bottom of each trouser leg.

Style number 819 "Chinook", consists of a man's jacket and pair of trousers. Both the jacket and trousers are constructed of outershells composed of a woven 100% nylon fabric which has a visible PVC coating on the inner surface. The jacket has an integral hood with a snap closure at the chin and a drawcord tightening. There is a full front opening secured by a zipper closure, a snap closure on the sleeve cuffs, a left chest pocket with a flap secured by a "VELCRO"-type fastener, two front pockets with flaps, a drawcord thru the bottom hem, two grommets under each armhole and a back yoke which covers a partial nylon mesh lining. There are reflective strips on the front pockets and along the width of the back yoke. The "Viking" trade name is located on the left front pocket. The trousers have an elasticized waistband and a snap closure at the bottom of each trouser leg.

Style number 3005 consists of a man's jacket and pair of bib-and-brace overalls. Both the jacket and bib-and-brace overalls are constructed of a woven 100% nylon fabric which you state has a polyurethane coating on the inner surface. The coating on these garments is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.

The jacket has a detachable snap-off hood with a drawcord tightening, a self-fabric textile loop and a zipper closure. When the hood is detached it could be used as a carrying bag by folding the jacket and bib-and-brace overalls and securing them within the hood by the zipper closure. The jacket has a full front opening secured by a zipper closure, a "VELCRO"-type fastener on the sleeve cuffs, two front pockets with flaps secured by "VELCRO"-type fasteners and a back yoke which covers a partial mesh lining. The bib-and-brace overall has a front bib which extends more than six inches above the natural waistline. The bib has a front patch pocket and adjustable braces which are secured by two buttons on the front bib. The braces are elasticized in the back and feature the trade name "Viking". The garment has a fly front opening with a "VELCRO"-type fastener.
Jackets with detachable hoods imported and sold together are composite goods. Although the jacket and hood are separable, they are adapted to one another and mutually complementary. The primary role of the hood is to be worn with the jacket. Its additional function for storage is secondary. The essential character of the combination is the jacket. The hood is not regarded as a separate item for duty or quota purposes.

The samples are being returned to you.

The applicable subheading for the jackets of style numbers 839, 711, 829 and 819 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: other anoraks, windbreakers and similar articles. The duty rate will be 7.4 percent ad valorem.

The applicable subheading for the trousers of style numbers 839, 711, 829 and 819 will be 6210.40.5030, 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: other trousers,, breeches and shorts. The duty rate will be 7.4 percent ad valorem.

If the jacket of style number 3005 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 of style number 3005 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 28.8 percent ad valorem.

If the bib-and-brace overalls of style number 3005 pass 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 6203.43.1500, which provides for other men's or boys' bib-and brace overalls: of synthetic fibers: water resistant. The duty rate will be 7.4 percent ad valorem.

If the pair of bib-and-brace overalls of style number 3005 does not pass the water resistance test then the HTS subheading for the garment will be 6203.43.2010, which provides for other men's bib-and-brace overalls: of synthetic fibers. The duty rate will be 16.2 percent ad valorem.

Each jacket falls within textile category designation 634. Each pair of trousers falls within textile category designation 647. The pair of bib-and-brace overalls falls within textile category designation 659. 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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