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NY 806852





February 28, 1995

CLA-2-62:S:N:N5:357 806852

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020; 6210.40.5030

Mr. Matthew Chang
Itochu International Trading
335 Madison Avenue
New York, N.Y. 10017

RE: The tariff classification of a man's jacket and pair of trousers from Malaysia; visible coating

Dear Mr. Chang:

In your letter dated February 9, 1995, on behalf of Adidas America, you requested a classification ruling.

The sample submitted, style CI-1219, consists of a man's windbreaker-type jacket and a pair of trousers constructed of a woven 100% nylon fabric. The jacket and trousers are stated to have a 91% acrylic/9% ceramic plastic coating.

Examination of the samples indicates that the coating changes the surface character of the fabric.

The jacket has a full front opening secured by a zipper closure and a roll-up hood with a drawcord tightening. The hood can be concealed within the garment's collar by three snaps. The garment has free-hanging front and back yokes which cover a mesh lining, two front pockets located at the waist, elasticized sleeve cuffs and a drawcord tightening through the bottom hem. The "Adidas Equipment" tradename and trademark is featured on the left chest and on the back panel.

The trousers have an elasticized waistband with an inner drawcord fastening. There are two slanted front pockets below the waist. Each trouser leg has an elasticized ankle cuff and zipper opening. The "Adidas Equipment" tradename and trademark is located on the waistband and on the left leg.

The applicable subheading for the jacket will be 6210.40.5020, 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 or boys' garments: of man-made fibers: Other: anoraks, windbreakers and similar articles. The duty rate will be 7.6 percent ad valorem.

The applicable subheading for the trousers will be 6210.40.5030, 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 or boy's garments: of man-made fibers: other: trousers, breeches and shorts. The duty rate will be 7.6 percent ad valorem.

The jacket falls within textile category designation 634. The trousers fall within textile category designation 647. Based upon international textile trade agreements products of Malaysia 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
New York Seaport

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