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NY F86572

May 23, 2000

CLA-2-62:RR:NC:WA:357 F86572


TARIFF NO.: 4203.29.1500; 6201.93.3000; 6201.93.3511

Mr. Sergio M. Herrero
Danzas Corporation
855 South 192nd, Suite 100
Seattle, Washington 98148

RE: The tariff classification of a man's heated jacket and pair of gloves from Pakistan

Dear Mr. Herrero:

In your letter dated April 24, 2000, on behalf of Gerbing's Electrically Heated Clothing, you requested a classification ruling.

Two articles were sample submitted as follows; The first item is a man's jacket that is used for motorcycle riding. In your letter you indicate that the jacket is constructed of a shell which is made from a woven 100% nylon fabric that has a urethane coating.

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

The jacket is lined with a woven man-made fiber fabric that is quilted to a nonwoven batting fill. The jacket has pads that are placed throughout the garment. The pads are covered with a man-made fiber fabric and are sewn to the outer surface of the lining fabric. The pads contain electrical wires that can be connected to the electrical system of a motorcycle. A connecting wire is provided with the jacket and connects directly to a battery or an accessory plug. The plug can be hidden on the inside of a pocket. When the wires are connected the pads in the jacket heat up providing overall warmth to the wearer when riding a motorcycle. The jacket has a stand-up collar, a full front opening that is secured by a zipper closure that extends to the top of the collar, long sleeves with ribbed-knit fabric cuffs and an elasticized waistband.

The second item submitted is a pair of gloves. The gloves are constructed of cowhide. The gloves are lined and have fourchettes, elasticized wrists, hook & loop tab closure and a plastic hook and clasp. An electrical wire with a plug on the inner portion of the gloves can be connected to the wire with a plug in the sleeves of the jacket. When connected the gloves heat up and provide warmth to the wearer when riding a motorcycle.

The samples are being returned to you.

This jacket is eligible for classification as water resistant. 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 7.3 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 28.4 percent ad valorem.

The applicable subheading for the gloves will be 4203.29.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for articles of apparel and clothing accessories, of leather or of composition leather: gloves, mittens and mitts: other: other: with fourchettes or sidewalls which, at a minimum, extend from fingertip to fingertip between each of the four fingers. The duty rate will be 14 percent ad valorem.

The jacket falls within textile category designation 634. Based upon international textile trade agreements products of Pakistan 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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