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NY 809979




May 15, 1995

CLA-2-62:S:N:N5:357 809979

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Karen M. Kim
K.M. Express Co., Inc.
7 Dey Street, Suite 900
New York, N.Y. 10007

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

Dear Ms. Kim:

In your letter dated May 2, 1995, on behalf of Turbo Sportswear, Inc., you requested a classification ruling.

The sample submitted, style number 5MLB700, is a man's windbreaker-type jacket constructed of an outershell composed of a woven 100% nylon fabric stated to be coated on the inner surface with polyurethane for water resistance. The garment is lined with a woven 100% nylon fabric.

The coating is not "visible," as that term is defind in the tariff, therefore HTS 6210 does not apply.

The jacket has a full front opening secured by a zipper closure which has a metal zipper pull decorated with two baseball bats and a baseball with the letters "MLB". There are two front pockets at the waist. The sleeve cuffs and waistband are elasticized. Embroidered onto the jacket's left chest is the "Marlins" trademark. Sewn onto the jacket's back panel is an embroidered emblem with the trademark "Marlin" fish and the letter "F" across it.

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 Thailand are not presently subject to quota restraints but a visa it required.

This jacket is not subject to countervailing duty from Thailand.

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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