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NY 801862




September 14, 1994

CLA-2-62:S:N:N5:357 801862

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Mr. Gregory Fabricant
Farrell Forwarding Company, Inc.
150-30 132nd Avenue
Jamaica, New York 11434

RE: The tariff classification of a man's jacket from Taiwan

Dear Mr. Fabricant:

In your letter dated September 1, 1994, on behalf of your client, Crystal Brands Inc., Golf & Tennis Div., you requested a classification ruling.

The sample submitted, style number 23192, is a man's jacket constructed of a woven 65% polyester/35% cotton fabric stated to have a 600mm acrylic milky coating.

The coating on the jacket does not change the surface character of the fabric, therefore HTS 6210 does not apply

The jacket has a full front opening secured by a zipper closure that extends to the top of the collar. There are two front pockets which have zipper closures. The sleeve cuffs and waistband are elasticized. Contrasting color fabric is featured on the right sleeve, on the outer portion of the collar, as an overlay strip of fabric with a snap closure above each front pocket and as a fabric insert surrounding each pocket. Embroidered onto the contrasting color fabric on the right sleeve is the "Izod Club" trade name.

The sample is being returned to you as you have requested.

If the jacket passes the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTS), Chapter 62, U.S. Note 2, then the applicable HTS subheading for the garment will be 6201.93.3000, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.6 percent ad valorem.

If the jacket does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6201.93.3511, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 29.5 percent ad valorem.

The jacket falls within textile category designation 634. Based upon international textile trade agreements products of Taiwan are presently subject to quota restraints 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. 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

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