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NY H84268

August 10, 2001

CLA-2-62:RR:NC:WA:351 H84268


TARIFF NO.: 6210.30.5000; 4202.92.3031

Mr. Douglas H.K. Lancaster
International News
19226 70th Avenue So.
Kent, WA 98032

RE: The tariff classification of a woman’s rain poncho and waist bag from Hong Kong or China; Visibly Coated

Dear Mr. Lancaster:

In your letter dated July 19, 2001, you requested a classification ruling.

The sample submitted, style number 14W-0602, is a woman’s rain poncho that extends to the lower thigh area. The poncho is constructed of a shell composed of a woven 100% nylon fabric that has a visible polyurethane coating on the inner surface.

The poncho is a pullover garment that has an integral hood with a drawcord tightening and a partial opening at the neck that is secured by a zipper closure. The poncho is circular in shape, has no armholes and hangs loosely from the shoulders to the bottom hem. The garment has a snap closure on each side opening. The snaps secure the front and rear panels together.

Imported with the poncho is a waist bag. The waist bag is of a kind similar to a traveling bag. The waist bag is of the same 100% nylon fabric as the poncho and has a large double entry pocket in the front and two smaller pockets, one on each side of the larger pocket. The double entry pocket measures approximately 7-inches in height and 7-inches in width and has 2-1/2 inch gussets. The pocket is secured by a zipper closure and a hook and loop fastener. A flap with a hook and loop fastener secures the smaller pockets. The waist bag has two textile straps with a plastic buckle. The wearer can carry the bag by fastening the straps around the waist. You indicate in your letter that the poncho and waist bag will be imported and sold together.

The waist bag is of a kind not normally sold at retail with the garment. The bag is substantially constructed and is not adapted to the garment nor is it mutually complementary in that neither finishes or completes the other. The bag is not specially shaped nor fitted to contain a particular article nor set of articles. The bag and the garment are not put up to meet a particular need or activity. The bag is a portable means of providing storage and protection to a personal effect, and the garment is designed to be worn by a person. The bag is suitable for repetitive use and if imported with the poncho it will be classified separately.

The samples are being returned to you as you have requested.

The applicable subheading for the poncho 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 subheadings 6202.11 to 6202.19: of man-made fibers: other. The duty rate will be 7.2 percent ad valorem.

The applicable subheading for the waist bag will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers, other. The duty rate will be 18.3 percent ad valorem.

The poncho falls within textile category designation 635. The waist bag falls within textile category designation 670. Based upon international textile trade agreements products of Hong Kong or 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.


Robert B. Swierupski

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