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NY I81602




June 13, 2002

CLA-2-62:RR:NC:WA:357 I81602

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3060; 6117.80.9540; 6210.50.5020; 6210.40.5040; 6307.90.9889

Mr. Brian Kavanaugh
Deringer Logistics Consulting Group
1 Lincoln Blvd., Suite 225
Rouses Point, N.Y. 12979

RE: The tariff classification of a man’s neoprene stocking foot wader, a man’s jacket, a man’s jacket and vest set with detachable panels and a man’s side vest from China

Dear Mr. Kavanaugh:

In your letter dated May 8, 2002, on behalf of L.W.L Outerwear, you requested a classification ruling.

Four samples were submitted as follows: Style number M 749-P, “Aquatex Waders”, is a man’s one-piece stocking foot chest wader constructed of a “3-ply” shell composed of one layer of a woven 100% polyester fabric on the outer surface and one layer of a knit 100% polyester backing fabric on the inner surface with an “Aquatex” waterproof breathable membrane laminated in between. The “Aquatex” membrane is visible through the knit mesh backing fabric. The garment has an unsized stocking foot glued to the ankle of each trouser leg. The stocking foot is constructed of one layer of a knit fabric on the outer surface and one layer of a knit fabric on the inner surface with a neoprene rubber in between.

The chest wader is cut straight across the chest and back with an inner drawcord tightening, has elasticized suspenders with quick release plastic buckles and an inner pocket with a hook and loop fastener at the chest area. Submitted with the chest wader is a pair of neoprene gravel guards. In a phone conversation you stated that the gravel guards will not be imported or sold with the garment and that you are not requesting a classification for them.

Style M 747, “”Aquatex Wading Jacket”, is a man’s lower thigh-length jacket constructed of a shell composed of a woven 100% nylon fabric which has a visible “Aquatex” waterproof breathable membrane laminated on the inner surface. The jacket is lined with a knit 100% polyester fabric. The jacket has an integral hood with a drawcord tightening, a stand-up collar and a full front opening secured by a zipper closure. The hood can be rolled up and stored within the garment’s collar by a zipper closure. A double overlapping flap with six snaps covers the front zipper area. The jacket features a zippered pocket on the inner portion of the front placket, long sleeves with inner storm cuffs, a tab with a hook and loop fastener on the outer portion of the cuffs and a drawcord tightening through the bottom hem. The jacket also features triple entry bellows pockets on each front panel that are secured by a snap closure on each side and flaps with hook and loop fasteners. A plastic D-ring with a textile loop is sewn onto the side of each triple entry pocket and onto the center portion of the rear yoke. The “Sportchief” logo and a depiction of a seaplane are embroidered onto the left chest.

Style number M 359, “Fishing Jacket w/Hood and Removable Vest”, is a man’s jacket and fishing vest set. The two-piece set consists of a lower hip-length outer jacket and a lower hip-length inner mesh fishing vest which can be zippered together along the front edges and buttoned together at the nape of the neck so as to be worn as one garment. Although the garments are worn together, each garment can also be worn separately and will be classified as a separate garment.

The outer jacket is constructed of a shell composed of a woven 100% nylon fabric which has a visible “Aquatex” waterproof breathable membrane laminated on the inner surface. The jacket is lined with a knit 100% polyester fabric. The jacket has an integral hood with a drawcord tightening, a stand-up collar, a full front opening secured by a double pull zipper closure and a secondary zipper for attaching the inner fishing vest. The hood can be rolled up and stored within the collar by a zipper closure. An overlapping flap covers the front zipper area. The jacket has two double entry front pockets covered by an overlay of fabric, long sleeves with a tab secured by a hook and loop fastener on the cuffs, a drawcord tightening through the bottom hem and an elasticized loop at the nape of the neck that is used for attaching the inner vest.

The inner fishing vest is constructed of a shell composed of a knit 100% polyester fabric and has an overlay of woven nylon fabric on the front yokes. The vest has a neckwarmer collar, oversized armholes, a full front opening secured by a reversible zipper closure and a button on the rear portion of the collar used for attachment to the outer jacket. The vest also features a secondary zipper along the length of each front panel, a half-portion plastic buckle on each front yoke, and two half-portion plastic buckles on each side seam. When the additional panels are detached from the jacket they can be attached to the mesh vest by the secondary front zipper and plastic buckles.

The additional mesh panels with woven pockets are fully interchangeable and can be worn with the jacket or vest. The additional panels are considered a clothing accessory and will be classified separately.

The jacket and vest set includes two additional detachable front panels that are held to the jacket by a zipper along the front edge and three plastic buckles. Each additional panel is constructed of a knit mesh 100% polyester fabric and has woven nylon fabric pockets. The left panel has a small patch of shearling fur with a hanging D-ring and two pockets with flaps secured by hook and loop fasteners. A rubberized label featuring the depiction of a seaplane and the “Sportchief” logo is on the upper pocket. The right panel has three pockets with flaps secured by hook and loop fasteners and a plastic hanging D-ring.

Style number M 889, “Side Vest”, is a vest-like item worn bandoleer-style over the left shoulder. The “Side Vest” is constructed of a woven 100% nylon fabric with nylon padding inside. The item fastens around the waist with a hook-and-loop fastener and can be adjusted with a buckled strap. The section that is worn on the chest has two zippered pockets and one that closes with hook-and-loop fastener tape. The part that is worn on the back has one large triangular pocket.

The samples are being returned to you.

The applicable subheading for style number M 749-P will be 6210.40.5040, 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 overalls and coveralls. The duty rate will be 7.2 percent ad valorem.

The applicable subheading for style number M 747 and for the outer jacket of style number M 359 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 7.2 percent ad valorem.

The applicable subheading for the inner fishing vest of style number M 359 will be 6114.30.3060, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted: of man-made fibers: other: men’s or boys’. The duty rate will be 15.1 percent.

The applicable subheading for the additional mesh panels with pockets of style number M 359 will be 6117.80.9540, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up clothing accessories, knitted or crocheted; knitted or crocheted parts of garments or of clothing accessories: other accessories: other: other. The duty rate will be 14.8 percent ad valorem.

The applicable subheading for style number M 889 will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for other made-up textiles articles, other. The duty rate will be 7 percent ad valorem.

Style number M 747 and the outer jacket of style number M 359 fall within textile category designation 634. Style number M 749-P, the inner fishing vest of style M 359 and the additional mesh panels with pockets of style M 359 fall within textile category designation 659. 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 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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