CLA-2-62:S:N:N5:357 882203
6203.23.0060; 6203.43.3500; 6203.43.4010
Ms. Mary Jo Muoio
Wolf D. Barth Co., Inc.
90 West Street
New York, N.Y. 10006
RE: The tariff classification of a man's rainsuit ensemble from
Hong Kong
Dear Ms. Muoio:
In your letter dated January 28, 1993, on behalf of Crystal
Brands Men's Sportswear, you requested a classification ruling.
The sample submitted, style number 23183, is a man's
rainsuit ensemble. The ensemble consists of a windbreaker-type
jacket and a pair of trousers constructed of a woven solid
colored 100% nylon Supplex fabric stated to be coated with 350-
400 mm acrylic rendering the garments water resistant.
The coating on the jacket and trousers does not change the
surface character of the fabric, therefore HTS 6210 does not
apply.
The jacket has a full front opening secured by a heavy-duty
zipper closure which extends to the top of the collar. There is
an overlapping flap with six snaps that covers the zipper area.
The sleeve cuffs are partially elasticized and have an adjustable
"VELCRO"-type fastener. An elasticized drawcord fastener with
plastic cord stoppers is through the bottom hem. Two front
pockets are located at the waist. Across the chest area and
across the back panel there is an overlay of fabric featuring a
mock snap.
The trousers have a zippered fly front with a snap opening
on the waistband. The waistband is elasticized on each side.
Below the waist are
two side seam slash openings and a right rear pocket which has a
flap with a "VELCRO"-type fastener. The side seam slash openings
can be used for access into the inner garments. At the bottom of
each trouser leg there is a zipper opening.
The samples are being returned to you as you have requested.
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 6203.23.0050, which provides for other men's
ensembles of synthetic fibers, other, garments described in
heading 6201. The duty rate will be 7.6 percent ad valorem.
This is the rate of duty that would apply if the garment was
entered separately and classified in subheading 6201.93.3000 as
water resistant.
If the jacket does not pass the water resistance test, then
the applicable HTS subheading for the garment will be
6203.23.0050, which provides for other men's ensembles of
synthetic fibers, other, garments described in heading 6201. The
rate of duty will be 29.5 percent ad valorem. This is the rate
of duty that would apply if the garment was entered separately
and classified in subheading 6201.93.3511.
If the trousers pass the water resistance test, then the
applicable HTS subheading for the garment will be 6203.23.0060,
which provides for men's ensembles of synthetic fibers, other
trousers and breeches. The rate of duty will be 7.6 percent ad
valorem. This is the rate of duty that would apply if the
garment was entered separately and classified in subheading
6203.43.3500 as water resistant trousers or breeches.
If the trousers do not pass the water resistance test, then
the applicable HTS subheading for the garment will be
6203.23.0060, which provides for men's ensembles of synthetic
fibers, other trousers and breeches. The rate of duty will be
29.7 percent ad valorem. This is the rate of duty that would
apply if the garment was entered separately and classified in
subheading 6203.43.4010.
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 634.
The trousers fall within textile category designation 647. 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