NY 866876: The tariff classification of a unisex rainsuit and carry bagfrom Taiwan, the People's Repulic of China, Hong Kong, Korea,Indonesia and/or Thailand

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                
                                NY 866876

                              September 24, 1991




CLA-2-62:S:N:N3I:357 866876  

CATEGORY:  Classification

TARIFF NO.: 6210.50.1020; 6210.50.1035  

Mr. Thomas J. Schmidt
Stearns Manufacturing Company
P.O. Box 1498
St. Cloud, Minnesota  56302

RE:  The tariff classification of a unisex rainsuit and carry bag
from Taiwan, the People's Repulic of China, Hong Kong, Korea,
Indonesia and/or Thailand  

Dear Mr. Schmidt:

     In your letter dated September 6, 1991, you requested a
classification ruling.  
 
      The sample submitted is a woven unlined unisex rainsuit
consisting of a windbreaker-type jacket and a pair of trousers. 
The rainsuit is composed of a 70 denier nylon fabric coated on
the inner surface with polyurethane.  
     Examination of the rainsuit reveals that the visible coating
applied to both garments changes the surface character of the
fabric.  Based on this finding classification under HTS 6210
would apply.

     The jacket has a full front opening secured by a heavy-duty
zipper closure and an overlapping flap with five snaps covering
the zipper area.  There is a roll-up hood with a drawcord
concealed within the garment's collar by a zipper.  The sleeve
cuffs are elasticized.  A free-hanging back yoke covers a partial
mesh lining.  Two front patch pockets with "VELCRO"-type fastener
flaps are located at the waist.

     The trousers have an elasticized waistband with a drawcord
tightening.  Below the waist there is a rear right pocket secured
by a flap with a "VELCRO"-type fastener.  Each trouser leg has a
straight bottom hem with a zipper opening.

     Imported with the rainsuit is a barrel shaped carry bag. 
The carry bag measures approximately 10 inches in length and 9
inches in width.  The carry bag is constructed of the same fabric
as the rainsuit and has a drawcord with a plastic cord stopper on
the open end.

     The Customs Service has determined that bags of this type
imported and sold with a garment are composite goods as that term
is defind in the HTS.  The classification is based on which
portion provides the essential character.  In this case it is the
garment.

     If the rainsuit is sold to both males and females and cannot
be identified as exclusively men's, then the applicable
classification for the garment will be in the HTS subheading
covering women's garments.

     The applicable subheading for the jacket will be
6210.50.1020, 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 women's garments of man-
made fibers, other, anoraks, windbreakers and similar articles. 
The duty rate will be 7.6 percent ad valorem.

     The applicable subheading for the trousers will be
6210.50.1035,
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 women's garments of man-made fibers,
other, trousers, breeches and shorts.  The duty rate will be 7.6
percent ad valorem.
     
     The jacket falls within textile category designation 635. 
Based upon international textile trade agreements products of
Taiwan, the People's Republic of China, Korea and Indonesia are
presently subject to quota restraints and the requirement of a
visa.  Products of Hong Kong and Thailand are not presently
subject to quota restraints but a visa is required.

     The trousers fall within textile category designation 648. 
Based upon international textile trade agreements products of
Taiwan, the People's Republic of China, Korea, Indonesia and
Thailand are presently subject to quota restraints and the
requirement of a visa.  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