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NY K83331




March 19, 2004
CLA-2-62:RR:NC:WA:3:353 K83331

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0091

Ms. Maynonne Ford
Direct Source Marketing
4061 N. Main Street
Racine, WI 53402

RE: The tariff classification of a full body garment from China.

Dear Ms. Ford:

In your letter dated February 9, 2004, you requested a classification ruling. As requested, the sample will be returned to you.

The sample submitted, Style ATV Cocoon, is a unisex one-size-fits-all full body garment that you state is constructed of a shell composed of a woven 100% nylon fabric which has a polyurethane plastic coating. The coating is not visible to the naked eye and the garment is not considered coated for Customs purposes. The garment is water repellant and worn as a protective covering that keeps out wing and rain and keeps a person warm and dry while riding an All-Terrain Vehicle (ATV). The item will be marketed through ATV dealers and sporting goods stores.

The garment features a stand-up collar with a drawcord, a hood that can be rolled up and secured within the garment’s collar, a full front zipper closure, a storm flap with four hook and loop fasteners, long sleeves that are partially elasticized and have a tab with a hook and loop fastener on the cuffs and an adjustable hook and loop fastener belt. The garment has an additional free-hanging cape that covers the shoulders and the upper portion of the back area. The cape features the “Cocoon” name and logo as well as the words “ATV Protective Outerwear” and the web site “www.ATVCocoon.com.” The garment is cut round, is shorter in the front extending to the thigh-area and is longer in the rear extending to the calf area. The lower portion of the garment flares out on each side and has five half snaps that are used to attach the garment securely to the body of the ATV. The Style ATV Cocoon is lightly snapped to the body of the ATV and in case of emergency the rider can easily step or jump off the vehicle.

The applicable subheading for the Style ATV Cocoon will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTS), which provides for “Track suits, ski-suits and swimwear; other garments: Other garments, women’s or girls’: Of man-made fibers, Other.” The rate of duty will be16% ad valorem.

Style ATV Cocoon falls within textile category designation 659. Based upon international textile trade agreements products of China are subject to quota 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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