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NY G84926




December 22, 2000

CLA-2-62:RR:NC:WA:357 G84926

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020; 6210.40.5030

Mr. Bill Julich
Delmar International, Inc.
147-55 175th Street
Jamaica, New York 11434

RE: The tariff classification of a man's packable two-piece rainsuit from China

Dear Mr. Julich:

In your letter dated November 30, 2000, on behalf of Weltex Ltd., you requested a classification ruling.

The sample submitted, style number H001, is a two-piece rainsuit that consists of a man's hip-length pullover jacket and a pair of trousers, which you indicate is a worksuit that is worn by Hoosier Racing Tires Corp., pit crews working in the rain. Both the jacket and pair of trousers are constructed of a shell composed of a woven 100% nylon taslon fabric which has a visible polyurethane coating on the inner surface. The garments are not lined.

The jacket has an integral hood with a drawcord tightening, a stand-up collar and a partial opening at the neck that is secured by a zipper closure. The hood can be rolled up and concealed within the collar by three hook and loop fasteners. The garment also has long sleeves with elasticized cuffs, two grommets under each armhole for ventilation and a drawcord tightening through the bottom hem. A patch with the embroidered logo "Hoosier Racing Tire", "Tires Designed for Champions", is on the left chest. The garment has a hand warmer pocket and a pouch pocket with a reversible zipper pull closure on the lower portion of the front panel. The pouch pocket features a plastic spring clip on the inner surface. The pouch pocket can be inverted and the jacket and pair of trousers can be folded and secured within the pocket by the zipper closure. This allows the wearer to pack and carry the garments using the plastic spring clip. When the pocket is inverted it features the printed logo "Hoosier Racing Tire", "Tires designed for Champions". In your letter you stated that the jacket and the trousers would be shipped and sold as one unit folded in the pouch.

The trousers have an elasticized waistband and an inner drawcord tightening. The garment also has two side seam pockets, a zippered right rear pocket and the "Hoosier" logo embroidered onto the rear left side of the trousers below the waistband. The garment features elastic and a zipper opening at the bottom of each trouser leg.

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

The applicable subheading for the jacket 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 (including ski-jackets), windbreakers and similar articles. The duty rate will be 7.3 percent ad valorem. Effective January 1, 2001, the rate of duty will be 7.2 percent ad valorem.

The applicable subheading for the trousers 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 7.3 percent ad valorem. Effective January 1, 2001, the rate of duty will be 7.2 percent ad valorem.

The jacket falls within textile category designation 634. The trousers fall within textile category designation 647. 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 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.

Sincerely,

Robert B. Swierupski
Director,

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