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NY B88106




January 15, 1998

CLA-2-62:RR:NC:WA:357 B88106

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.9033; 6210.40.9060

Ms. Laura Boyce
The Donna Karen Company
600 Gotham Pkwy
Carlstadt, N.J. 07072

RE: The tariff classification of a man's suit-type jacket and pair of trousers from Hungary

Dear Ms. Boyce:

In your letters dated June 20, 1997 and August 1, 1997, on behalf of DKNY Men's division of the Donna Karan Company, you requested a classification ruling.

Two samples were submitted as follows: Style number K37138G5A, is a man's suit-type jacket. The jacket has notched lapels and a full front opening secured by three left-over-right button closures. There are two front pockets with flaps below the waist and three buttons on each sleeve cuff. The garment is lined with a woven man-mnade fabric.

Style number K37304G5A, is a man slim fitted, straight legged pair of trousers. The trousers have a fly front zipper opening which is secured by a button closure and a metal hook and loop fastener at the waist. Also surrounding the waist are seven self-fabric belt loops. Below the waist there are two front slash pockets and two rear pockets with button closures.

An examination and analysis of the jacket and pair of trousers performed by our Customs laboratory has determined that each garment is composed of a base fabric constructed of a woven 96% cotton/4% spandex which has had an adhesive applied to one surface and then a nylon flocking over it forms the outer surface. This fabric in turn is laminated with a polyester warp knit fabric. The classification is based on the base fabric of the woven outer fabric.

The samples are being returned to you

The applicable subheading for the trousers will be 6210.40.9033, 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 and boys' garments: Other, other, other: trousers, breeches and shorts. The duty rate will be 6.4 percent ad valorem.

The applicable subheading for the suit-type jacket will be 6210.40.9060, 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 and boys' garments: Other, other, other, other. The duty rate will be 6.4 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.

Sincerely,

Robert B. Swierupski
Director,

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