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NY D89294

April 7, 1999

CLA-2-62:RR:NC:WA:357 D89294


TARIFF NO.: 6210.30.5000

Ms. Victoria Conte
Presidio International
55 Fifth Avenue, 16th Floor
New York, N.Y. 10003

RE: The tariff classification of a woman’s raincoat with carry bag from Hong Kong; Visibly Coated

Dear Ms. Conte:

In your letter dated March 11, 1999, you requested a classification ruling.

The sample submitted, style number M5L203AM, is a woman’s short raincoat. The raincoat extends to above the knee in length and is constructed of a shell composed of a woven 100% nylon fabric which has a visible polyurethane coating on the inner surface.

The raincoat has a pointed collar and a detachable hood with two drawstrings that tie under the chin. The hood is held to the garment by four “VELCRO”-type fasteners located on the inner portion of the collar at the nape of the neck. The raincoat has a full front opening secured by four “VELCRO”-type fasteners, two front slash pockets located below the waist, long sleeves without cuffs and a rear vent at the bottom hem. When imported the raincoat will have the “A/X” logo imprinted on the left front yoke.

Imported with the raincoat is a carry bag of the same color and fabric as the raincoat. The bag has an opening at the top that is covered by a flap with a “VELCRO”-type fastener and a thin carry strap on the left side seam. The bag measures approximately 7-3/4 inches in length and 8-3/4 inches in width. When imported the carry bag will have the “A/X Armani Exchange” logo imprinted on the front portion of the flap closure. The carry bag is of a kind normally sold with its contents.

The Customs Service has previously ruled that bags of this type imported and sold with a raincoat are composite goods, with the essential character imparted by the raincoat. Such is the case with this combination. Consequently, the bag is not regarded as a separate item for duty or quota purposes.

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

The applicable subheading for the raincoat will be 6210.30.5000, 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 garments, of the type described in subheading 6202.11 to 6202.19: of man-made fibers: other. The duty rate will be 7.4 percent ad valorem.

The raincoat falls within textile category designation 635. 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 212-637-7076.


Robert B. Swierupski

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