CLA-2-62:S:N:N5:357 881960
6204.63.3510
Ms. Mary Jo Muoio
Wolf D. Barth Co., Inc.
90 West Street
New York, N.Y. 10006
RE: The tariff classification of a woman's rainsuit from Hong
Kong
Dear Ms. Muoio:
In your letter dated January 19, 1993, on behalf of Crystal
Brands, you requested a classification ruling.
The sample submitted, style number 13047, is a woman's
rainsuit. The rainsuit consists of a jacket and a pair of
trousers constructed of a woven rip-stop 100% nylon fabric stated
to have a 450mm acrylic coating. The jacket and trousers are cut
large to be worn over other clothing.
The coating on the rainsuit does not change the surface
character of the fabric, therefore HTS 6210 does not apply.
The jacket is a pullover garment with a partial opening at
the neck secured by a zipper closure. The lower portion of each
sleeve features a contrasting colored fabric insert and a
partially elasticized sleeve cuff with a "VELCRO"-type fastener.
The waistband has an elasticized drawcord tightening. There are
two zippered side seam pockets at the waist and a zippered pouch
pocket. The zippered pouch pocket is hidden by an overlay of
fabric. Constrasting colored fabric inserts are on the front
yoke.
The trousers have an elasticized waistband with an inner
drawcord tightening. Below the waist there are two side seam
slash openings and a
zippered right rear pocket. The side seam openings can be used
for access into the inner garments. Each trouser leg has a
contrasting colored fabric insert and an elasticized ankle cuff
with a zipper opening.
If the jacket passes the water resistance test specified in
the Harmonized Tariff Schedule of the United States (HTS),
Chapter 62, U.S. Note 2, then the applicable HTS subheading for
the garment will be 6202.93.4500, which provides for other
women's anoraks, windbreakers and similar articles of man-made
fibers, water resistant. The duty rate will be 7.6 percent ad
valorem.
If the jacket does not pass the water resistance test, then
the applicable HTS subheading for the garment will be
6202.93.5011, which provides for other women's anoraks,
windbreakers and similar articles of man-made fibers. The duty
rate will be 29.5 percent ad valorem.
If the trousers pass the water resistance test specified in
the HTS, Chapter 62, U.S. Note 2, then the applicable HTS
subheading for the garment will be 6204.63.3000, which provides
for other women's water resistant trousers or breeches, of
synthetic fibers. The duty rate will be 7.6 percent ad valorem.
If the trousers do not pass the water resistance test
specified in the HTS, Chapter 62, U.S. Note 2, then the
applicable HTS subheading for the garment will be 6204.63.3510,
which provides for other women's trousers or breeches, of
synthetic fibers. The duty rate will be 30.4 percent ad valorem.
With your letter you submitted a test report from an
independent laboratory certifying that the garment passed the
water resistance test. We have not confirmed those results in
our own laboratory; however, the Customs officer handling the
transaction may choose to do so at the time of importation.
The jacket falls within textile category designation 635.
The trousers fall within textile category designation 648. Based
upon international textile trade agreements products of Hong Kong
are not presently subject to quota restraints but a visa is
required.
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. Since
part categories are the result of
international bilateral agreements which are subject to frequent
renegotiations and changes, to obtain the most current
information available, we suggest that you check, close to the
time of shipment, the Status Report on Current Import Quotas
(Restraint Levels), an internal issuance of the U.S. Customs
Service, which is available for inspection at your local Customs
office.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport