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NY 805767





January 23, 1995

CLA-2-62:S:N:N5:357 805767

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Mr. R.I. Hasson
Alba Forwarding Co., Inc.
147-39 175th Street
Jamaica, New York 11434

RE: The tariff classification of a man's jacket from the United Arab Emirates

Dear Mr. Hasson:

In your letter dated January 9, 1995, on behalf of NY 10018, Inc., you requested a classification ruling.

The sample submitted, style number 52334, is a man's reversible jacket. On one side of the jacket the two front panels and the collar are constructed of a double faced knit pile 100% polyester fabric, and the back panel and the sleeves are constructed of a woven 100% nylon fabric. On the other side of the jacket the two front panels and the collar are constructed of a woven 100% nylon fabric and the back panel and sleeves are constructed of double faced knit pile polyester fabric. An overlay elbow patch composed of a woven 100% nylon fabric is sewn onto each knit sleeve. You stated in a telephone conversation that the woven 100% nylon fabric portions of the jacket are coated on the inner surface with 600mm acrylic.

The jacket has a full front opening secured by a zipper with a reversible zipper pull closure that extends to the top of the garment's collar. There are two front pockets on the front panels composed of knit fabric and two front pockets on the front panels composed of woven fabric.

The coating on the woven nylon fabric portions of the garment is not "visible," as that term is defined in the tariff, therefore HTS 6210 does not apply.

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 29.3 percent ad valorem.

The jacket falls within textile category designation 634. Based upon international textile trade agreements products of the United Arab Emirates 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

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