The tariff classification of a man’s rainwear jacket and carry bag, and a man’s pair of rainwear trousers and carry bag from China; Visibly Coated

NY G88813 April 23, 2001 CLA-2-62:RR:NC:WA:357 G88813 CATEGORY: Classification TARIFF NO.: 6113.00.9025; 6113.00.9044 Ms. Rita Yeung Amtai Imports Inc./White Sierra 2200 Martin Avenue Santa Clara, CA 95050 RE: The tariff classification of a man’s rainwear jacket and carry bag, and a man’s pair of rainwear trousers and carry bag from China; Visibly Coated Dear Ms. Yeung: In your letter dated March 28, 2001, you requested a classification ruling. Two samples were submitted as follows: Style number T2220M-F01 is a man’s upper-thigh length rainwear jacket and style number T9221M-F01 is a man’s pair of rainwear trousers. Both the jacket and the trousers are constructed of a shell composed of a knit 100% polyester tricot fabric which has a visible polyurethane sheet on the outer surface. The jacket is lined in the upper rear panel and in the left front panel with a mesh knit fabric. The trousers are unlined. The coating on each garment does not completely obscure the underlying polyester fabric. The jacket has an integral hood that is secured by a drawcord tightening with plastic cord stoppers and a full front opening that is secured by a zipper closure. An overlapping flap with seven snaps covers the zipper area. The jacket features two double entry front pockets with flaps secured by hook and loop fasteners, a left inner pocket with a hook and loop fastener, a free hanging rear yoke that covers the mesh lining and a drawcord tightening with plastic cord stoppers through the bottom hem. The garment has long sleeves with cuffs that are partially elasticized and have a tab with a hook and loop fastener. Imported with the jacket is a barrel shaped carry bag, that measures approximately 11-inches long and is constructed of a knit mesh fabric. The bag has one seam along its length. A textile loop with a hanging plastic hook clip is sewn onto the upper portion of the seam. The carry bag has an opening at the top. The opening is edged with a woven fabric through which a drawcord tightening with a plastic cord stopper has been inserted. The carry bag has a woven round shape fabric insert at the bottom that has a textile label that features the depiction of mountains and the “White Sierra” logo. The trousers have an elasticized waistband and a drawcord tightening with plastic cord stoppers through the waistband. The garment features two front slash pockets and a right rear pocket with a hook and loop fastener below the waistband. At the bottom of each trouser leg there is a zipper opening with a gusset and an adjustable snap closure at the ankle. Imported also with the trousers is a barrel shaped carry bag that measures approximately 11-inches long and is constructed of a knit mesh fabric. The bag has one seam along its length. A textile loop with a hanging plastic hook clip is sewn onto the upper portion of the seam. The carry bag has an opening at the top. The opening is edged with a woven fabric through which a drawcord tightening with a plastic cord stopper has been inserted. The carry bag has a woven round shape fabric insert at the bottom that has a textile label which features the depiction of mountains and the “White Sierra” logo. The Customs Service has previously ruled that similar bags imported and sold with a garment are composite goods with the essential character imparted by the garment. Such is the case with this jacket and carry bag combination and with this trouser and carry bag combination. Consequently, the bag with the jacket and the bag with the trousers are not regarded as a separate item for duty or quota purposes. The samples are being returned to you as you have requested. The applicable subheading for the jacket will be 6113.00.9025, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: other coats and jackets: other men’s or boys’. The duty rate will be 7.2 percent ad valorem. The applicable subheading for the trousers will be 6113.00.9044, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: other trousers, breeches and shorts: other men’s or boys’. The duty rate will be 7.2 percent ad valorem. The jacket falls within textile category designation 634. The trousers fall within textile category designation 647. Based upon international textile trade agreements products of China are presently subject to quota restraints and the requirement of a visa. The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment. 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 W. Raftery at 212-637-7076. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division