The tariff classification of men's "Gore-Tex"-lined jacketsand a man's pair of "Gore-Tex"-lined trousers from Hong Kong

NY 860420 MAR 08 1991 CLA-2-62:S:N:N3I:357 860420 CATEGORY: Classification TARIFF NO.: 6210.40.1020; 6210.40.1030 Mr. Richard M. Wortman Grunfeld, Desiderio, Lebowitz & Silverman 12 East 49th Street New York, N.Y. 10017 RE: The tariff classification of men's "Gore-Tex"-lined jackets and a man's pair of "Gore-Tex"-lined trousers from Hong Kong Dear Mr. Wortman: In your letter dated February 11, 1991, on behalf of your client Etonic, Inc., you requested a classification ruling. Three samples were submitted as follows: Style number 4545 is a man's pullover jacket constructed of contrasting colored fabric inserts composed of a woven 100% polyester fabric. The garment is lined with a woven 100% nylon fabric face laminated to a "Gore-Tex" membrane back. The jacket has a partial front opening at the neck secured by a zipper which extends to the top of the collar. An overlapping flap with three snaps covers the zipper area. The sleeve cuffs and waistband are partially elasticized. There are two pockets with snap flaps at the waist and a zippered center front pocket. The center pocket when inverted becomes a "stow bag". The jacket can then be folded and stuffed into the bag. A textile label with the trade name "Gore-Tex" is located above the center pocket. A textile label with the trade "Etonic Golfwear" is located on the" stow bag". Style number 4547 is a man's jacket constructed of contrasting colored fabric inserts composed of a woven 100% polyester fabric. The garment is lined with a woven 100% nylon fabric face laminated to a "Gore-Tex" membrane back. The jacket has a full front opening secured by a heavy-duty zipper closure which extends to the top of the collar. An overlapping flap with six snaps covers the zipper area. There are two zippered front pockets at the waist and the sleeve cuffs and waistband are elasticized. An overlay strip of fabric approximately 3 inches wide covers the top the the pockets. Above the overlay fabric there is a textile label with the trade name "Etonic Gore-Tex". Style number 4546 is a pair of man's trousers constructed of an outershell composed of a woven 100% polyester fabric. The garment is lined with a 100% nylon fabric face laminated to a "Gore-Tex" membrane back. The trousers have a front fly opening secured by a zipper and a snap on the front waistband. The waistband is partially elasticized with adjustable "VELCRO-type" fastener tabs at the sides. There are two side seam pockets, a right rear flap pocket and a zipper opening at the bottom of each trouser leg. The samples are being returned to you as you have requested. The applicable subheading for the jackets will be 6210.40.1020, 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 men's or boy'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 pair of trousers will be 6210.40.1030, 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 boy's garments, of man-made fibers, other, trousers. The duty rate will be 7.5 percent ad valorem. The jackets fall within textile category designation 634. The pair of 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