The tariff classification of a woman’s jacket and storage bag and a woman’s pair of trousers and storage bag from China, Taiwan and the Philippines

NY G89682 May 21, 2001 CLA-2-62:RR:NC:WA:357 G89682 CATEGORY: Classification TARIFF NO.: 6210.50.5020; 6210.50.5035 Ms. Lisa Zwaga LaCrosse Rainfair Safety Products Division 3600 South Memorial Drive Racine, WI 53403 RE: The tariff classification of a woman’s jacket and storage bag and a woman’s pair of trousers and storage bag from China, Taiwan and the Philippines Dear Ms. Zwaga: In your letter dated April 20, 2001, on behalf of LaCrosse Footwear, Inc., dba LaCrosse Rainfair Safety Products, you requested a classification ruling. Two samples were submitted as follows: Style number CP-99-42J is a woman’s lower hip-length rain jacket constructed of a shell composed of a woven color block 190t 100% nylon fabric which has a visible polyvinyl chloride coating on the inner surface. The jacket is lined with a woven 100% nylon taffeta fabric. The jacket has a stand-up collar that is lined on the inner surface with a brushed tricot fabric and an integral hood that has a drawcord tightening and a tab with hook and loop closure that fastens at the chin. The hood can be rolled up and secured within the garment’s collar by three snap closures. The jacket has a full front opening that is secured by a zipper closure. A double overlapping storm flap with a hook and loop fastener on the collar and along the front placket covers the zipper area. The garment features a vertical zippered pocket on the right chest; elastic on the rear waist; two double entry bellow pockets below the waist that are secured by a flap with a hook and loop closure at the top entry and a hook and loop closure with a D-ring pull on the side entry; an inner pocket with a hook and loop closure; long sleeves that have elastic and a tab with a hook and loop fastener on the cuffs; and a drawcord tightening through the bottom hem. The “Harley-Davidson” tradename and Bar & Shield logo is reflective on the left chest, the “Harley-Davidson” tradename is reflective across the upper portion of the rear panel and there is reflective piping featured across the front and rear yokes and along the length of each sleeve. Imported with the jacket is a rectangular shaped storage bag composed of the same fabric construction as the jacket. The bag measures approximately 12-inches in width and 10-inches in length and is essentially flat when empty. The bag has a sewn-on self-fabric wrist strap and an opening at the top that is secured by an overlay of fabric with a hook and loop closure. Style number CP-99-42P is a woman’s pair of rain trousers constructed of a woven 190t 100% nylon fabric which has a visible polyvinyl chloride coating on the inner surface. The trousers have a fly front opening that is secured by a zipper closure and an overlapping flap with a hook and loop fastener that covers the zipper area. The trousers have elastic on each side of the waistband, a textile webbing belt with three belt loops on the front portion of the waistband that is secured by a quick-release plastic buckle, a zippered right rear pocket below the waistband and a cargo pocket on the left thigh that is secured by a flap with hook and loop fasteners. The trouser legs have a full opening along the length of the outerseams secured by double pull zipper closures. An overlapping flap with hook and loop fasteners covers the zipper areas. Each trouser leg also has elastic, a tab with a hook and loop fastener and an elastic stirrup on the ankle cuffs. The trousers feature a “Rear-end Traction” seat patch and a “Pyrovatx” heatshield on the inner portion of each trouser leg. Imported with the trousers is a rectangular shaped storage bag composed of the same fabric construction as the trousers. The bag measures approximately 12-inches in width and 10-inches in length and is essentially flat when empty. The bag has a sewn-on self-fabric wrist strap and an opening at the top that is secured by an overlay of fabric with a hook and loop closure. 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 separate items for duty or quota purposes. The samples are being returned to you as you have requested. The applicable subheading for the jacket will be 6210.50.5020, 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 or girls’ garments: of man-made fibers: other anoraks (including ski-jackets), windbreakers and similar articles. The duty rate will be 7.2 percent ad valorem. The applicable subheading for the trousers will be 6210.50.5035, 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 or girls’ garments: of man-made fibers: other trousers, breeches and shorts. The duty rate will be 7.2 percent ad valorem. The jacket falls within textile category designation 635. The trousers fall within textile category designation 648. Based upon international textile trade agreements products of China, Taiwan and the Philippines 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