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NY G83238

October 27, 2000

CLA-2-62:RR:NC:WA:357 G83238


TARIFF NO.: 6210.40.5020

Mr. Rodney Ralston
Trans-Border Customs Services, Inc.
One Trans-Border Drive
P.O. Box 800
Champlain, N.Y. 12919

RE: The tariff classification of a man's combination jacket/trousers from Korea; Composite Good; Visibly Coated

Dear Mr. Ralston:

In your letter dated October 3, 2000, on behalf of Redstone Fashions, Inc., you requested a classification ruling.

The sample submitted, style number S.191128, is a man's combination jacket/trousers that is constructed of a shell that is composed of a woven 100% nylon fabric which has a visible polyvinyl chloride coating on the inner surface. The jacket portion of the article is lined in the upper portion with a mesh fabric and in the lower portion and sleeves with a woven fabric. The lower woven portion of the lining is free-hanging and has a snap on each side and a half-zipper at the bottom.

The jacket portion of the article is upper-thigh in length, has a stand-up collar and an integral hood with a drawcord tightening. The hood can be rolled up and secured within the collar by a zipper closure. The jacket has a full front opening secured by a zipper closure, an overlapping flap with five snaps that covers the zipper area, a drawcord tightening at the waist, long sleeves with elasticized cuffs, a patch on the left sleeve that features the "Foursome PJ Weather Gear" logo, a locker loop on the rear yoke that has the "Foursome" logo, a large pocket with a reversible zipper pull closure on the rear panel above the waist and a half-zipper and two tabs with snaps on the inner portion of the bottom hem. Attaching the zipper and snaps on the bottom portion of the jacket shell to the zipper and snaps on the bottom portion of the jacket lining forms a compartment that extends from the waist to the bottom hem. Sewn into this compartment is a woven fabric that lays flat and has zippers and two snaps. When the jacket portion of the article is worn and the compartment is unzipped the flat fabric can be released and used as trousers by attaching the zippers together along its edges to form trouser legs and attaching the snaps together at the ankles to form elasticized ankle cuffs. The upper portion of the trousers has a pass-through slit opening on each side allowing the wearer to reach into an inner garment. When the entire jacket/trouser is not worn the large pocket on the rear portion of the jacket can be inverted and the entire article can be rolled up and secured within the pocket by the zipper closure.

The jacket imparts the essential character of the jacket/trouser combination. The jacket is the substantial portion of the garment and is capable of being worn alone without the use of the trousers. The trousers are not capable of being worn alone without the use of the jacket.

The sample is being returned to you.

The applicable subheading for the article 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 7.3 percent ad valorem.

The article falls within textile category designation 634. Based upon international textile trade agreements products of Korea 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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