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NY E87106

October 7, 1999

CLA-2-62:RR:NC:WA:357 E87106


TARIFF NO.: 6210.50.5020

Ms. Diane Burgos
Stile Associates Ltd.
153-66 Rockaway Boulevard
Jamaica, N.Y. 11434

RE: The tariff classification of a woman’s jacket and a carry bag from Hong Kong

Dear Ms. Burgos:

In your letter dated September 9, 1999, on behalf of Free Country, you requested a classification ruling.

The sample submitted, style number 5-3251, is a woman’s pullover windbreaker-type jacket that is constructed of a contrasting color fabric shell composed of a woven 100% nylon fabric which has a visible polyurethane coating on the inner surface.

The jacket is hip-length, has an integral hood with a drawcord tightening and a partial opening at the neck that is secured by a zipper closure. The garment features a double entry pouch pocket that is secured by a zipper closure at the top and has a hand warmer pocket on each side. The jacket has long sleeves with elasticized cuffs, a drawcord tightening through the bottom hem and grommets under each armhole for ventilation. A textile label with the “Free Country USA”, logo is on the lower portion of the left side seam.

Imported with the jacket is a barrel shaped carry bag which is approximately 8 inches long and has an opening at the top that is secured by a drawcord with a plastic cord stopper. The bag is constructed on the upper portion of the same woven nylon fabric and color as the jacket and on the lower portion of a mesh fabric. The bag has one seam along its length. On the upper portion of the seam there is a plastic hook clip hanging from a self-fabric textile loop.

The Customs Service has previously ruled that bags of this type imported and sold with a jacket are composite goods, with the essential character imparted by the jacket. 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.

The applicable subheading for the jacket will be 6210.50.5020, 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 women’s or girls’ garments: of man-made fibers: other anoraks, windbreakers and similar articles. The duty rate will be 7.4 % ad valorem.

The jacket 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 and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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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