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NY N013076

July 13, 2007



TARIFF NO.: 6210.40.5020; 6210.40.5039

Ms. Kim Marie Novak
Dowco, Inc.
4230 Clipper Drive
Manitowoc, WA 54220

RE: The tariff classification of a men’s motorcycling rainsuit from China

Dear Ms. Novak:

In your request dated April 23, 2007, and in a follow-up submission, you requested a classification ruling. Samples were submitted and are being returned as you requested.

The article in question, style #’s 26046-00 through 26050-00, representing sizes S through XXL, consists of a two-piece suit comprised of a jacket and trousers made of a woven polyester fabric with a visible PVC (polyvinylchloride) coating on the inner surface. The jacket extends to the upper thigh and has a full front opening secured by a zipper that extends to the top of the collar, pockets in the waist area, elasticized cuffs with a hook and loop fastener tab, a drawstring bottom, a full lining, reflective piping in the upper back and chest and a rollup hood.

The trousers are a pull-on type with no opening at the waist. They have an elasticized waistband, a covered side zipper on each leg extending from the hem to approximately the knee, a full lining, elasticized stirrups and snap halves to attach them to the jacket.

The applicable subheading for the jacket will be 6210.40.5020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for garments made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907, of man-made fibers: Anoraks (including ski-jackets), windbreakers and similar articles. The duty rate will be 7.1 percent ad valorem.

The applicable subheading for the trousers will be 6210.40.5039, Harmonized Tariff Schedule of the United States (HTSUS), which provides for garments made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907, of man-made fibers: other trousers, breeches and shorts. The duty rate will be 7.1 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The jackets and trousers fall within textile category 634 and 647, respectively. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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.


Robert B. Swierupski

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