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NY A86385



August 15, 1996

CLA-2-62:RR:NC:WA:357 A86385

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Mr. Trevor Ford
Phoenix Safety International, Ltd.
701-K Atando Avenue
Charlotte, N.C. 28206

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

Dear Mr. Ford:

In your letter dated July 18, 1996 you requested a classification ruling.

Two samples were submitted: Item #1 is a man's jacket constructed of an outershell composed of a woven 100% nylon fabric quilted to a non-woven 100% polyester insulation. The jacket is lined with a woven 100% nylon fabric. The garment's sleeve cuffs are composed of a ribbed-knit fabric. Upon examination of the sample jacket we note that the garment has a coating application on the inner surface of the shell fabric.

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

The jacket has a full front opening secured by a zipper closure. There is an overlapping flap with four snaps that covers the zipper area. The garment features an imitation fur collar which is secured by an elasticized tab with a "VELCRO"-type fastener. The garment has a left chest pocket and two front pockets below the waist. The waist is elasticized on the back panel.

Item #2 is a shinguard used in the outdoor lawn and garden industry to protect legs from minor injuries. We cannot issue a ruling on the shinguard at this time. Please advise whether the vinyl outer material is compact or cellular.

The samples are 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 7.5 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 29.1 percent ad valorem.

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 212-466-5851. For further information on the shinguard please contact National Import Specialist A. Tytleman at 212-466-5896.

Sincerely,

Roger J. Silvestri
Director

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