CLA-2-62:RR:NC:3:353 C89985
Mr. Royal Wright
Panalpina Inc.
8600 West Royal Lane
Irving, TX 75063
RE: The tariff classification of motorcycle pants from Korea.
Dear Mr. Wright:
In your letter dated July 9, 1998, on behalf of Tucker Rocky/Nempco, you
requested a classification ruling.
Two samples of motorcycle pants were submitted with your request. Both
pairs of pants are visibly coated on the inner surface with a coating of
plastic. MSR World Tour pants consist of 54% nylon woven fabric, 16% polyester
and 10% kevlar fabric. The garment is designed with a knit lining, rib knit
cuffs at the ankle, a knit stretch fabric panel down the outside of each leg,
and a zippered fly. There is approximately a six inch strap with a plastic
buckle sewn onto the right side outer waist. The pants have plastic patches
with logos sewn in at various locations. The Answer Team 2 pants consist of 64%
nylon woven fabric, and 16% polyester fabric. The basic design features are the
same as the MSR World Tour pants.
Heading 5903 provides for textile fabrics impregnated, coated, covered or
laminated with plastics (except tire cord which is provided for in heading
5902). In order for a fabric to be considered a fabric of heading 5903, the
impregnation, coating or covering of plastics must be visible to the naked eye
as required by Note 2(a) (1) of Chapter 59, with no account taken of any
resulting change in color.
It is Customs view that the wording of Note 2(1) (1), visible to the naked
eye, is clear expression by the drafters of the Harmonized System that a
significant, if not substantial, amount of material must be added to a fabric
for it to be considered impregnated, coated or covered. The plastics material
added to a fabric must be visibly distinguishable from that fabric without the
use of magnification. Customs believes this criterion is satisfied when the
application of plastics material visibly affects the surface character of the
fabric. In such an instance, the naked eye is seeing the plastics.
Applying the statutory test to the submitted sample, using normally
corrected vision in a well lighted room, this office believes that the plastic
application on the inner shell is visible to the naked eye. Therefore, the
fabric is classifiable as fabric of heading 5903.
The applicable subheading for the motor cycle pants, MSR World Tour and The
Answer Team 2 will be 6210.40.5030, Harmonized Tariff Schedule of the United
States (HTS), which provides for "Garments, made up of fabrics of heading 5602,
5603, 5903,5906 or 5907: Other men's or boys' garments: Other, Trousers,
breeches and shorts." The duty rate will be 7.4% ad valorem.
The motor cycle pants, MSR World Tour and The Answer Team 2 fall within
textile category designation 647. Based upon international textile trade
agreements products of Korea are subject to quota and the requirement of a visa.
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. 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 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 212-466-5881.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division