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NY L86197




August 5, 2005

CLA-2-62:RR:NC:TA:357 L86197

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020; 6210.40.5030; 6210.50.5020; 6210.50.5035

Ms. Margaret Morgenson
Direct Source Marketing
4061 North Main St.
Racine, WI 53402

RE: The tariff classification of men’s and women’s rainsuits from China or other countries

Dear Ms. Morgenson:

In your letter dated July 11, 2005, you requested a classification ruling. Samples were submitted and are being returned as you requested.

The items in question, styles 97526-06VM, a men’s rainsuit, and 97529-06VW, a women’s rainsuit, consist of unlined jacket and trousers sets made from a woven 100% nylon fabric with a visible polyurethane coating on the inner surface.

The jacket portion of both styles has a full front opening with a zipper closure covered by a storm flap secured by hook and loop closures. The jackets have long sleeves and partially elasticized sleeve ends with a hook and loop tab, an elasticized drawstring with cordlocks at the bottom hem, a self-fabric hood with an elasticized drawstring and cordlocks, reflective piping in the seams and a Harley-Davidson reflective logo on the upper back. The trousers of both styles have an elasticized waistband with no opening, gusseted outer seams secured by hook and loop closures, an elasticized bottom hem with elasticized stirrups and a layer of reinforcing fabric on the inner portion of each calf.

The applicable subheading for the jacket portion of style 97526-06VM will be 6210.40.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for other 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 7.1 percent ad valorem.

The applicable subheading for the trousers portion of style 97526-06VM will be 6210.40.5030, Harmonized Tariff Schedule of the United States (HTS), which provides for other 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 7.1 percent ad valorem.

The applicable subheading for the jacket portion of style 97529-06VW will be 6210.50.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: other women’s or girls’ garments of man-made fibers: other: anoraks (including ski-jackets), windbreakers and similar articles. The duty rate will be 7.1 percent ad valorem.

The applicable subheading for the trousers portion of style 97529-06VW will be 6210.50.5035, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: other women’s or girls’ garments of man-made fibers: other: trousers, breeches and shorts. The duty rate will be 7.1 percent ad valorem.

The jacket of style 97526-06VM falls within textile category designation 634; the trousers of style 97526-06VM fall within textile category designation 647; the jacket of style 97529-06VW falls within textile category designation 635; the trousers of style 97529-06VW fall within textile category designation 648. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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 William Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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