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NY B80561

January 15, 1997

CLA-2-62:RR:NC:WA:357 B80561


TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Janice M. Previti
Reebok International, Ltd.
100 Technology Center Drive
Stoughton, MA 02072

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

Dear Ms. Previti:

In your letter dated December 19, 1996, you requested a classification ruling.

The sample submitted, style number 5606, is a man's hip- length pullover jacket constructed of an outershell composed of a woven 65% nylon/ 35% polyester fabric. The garment is lined with a woven 100% nylon lining.

The jacket has a crew neck style collar composed of a ribbed-knit fabric, elasticized sleeve cuffs and waistband and two front pockets located at the waist. On the garment's back yoke there is the "Reebok Golf" trademark and logo.

In a telephone conversation you stated that the garment has a polyurethane coating which renders it water resistant. In addition you submitted a test report from an independent laboratory which indicates that a piece of sample fabric meets the requirements in water repellency spray test AATCC 22-1989. Please note that water resistance in Chapter 62, U.S. Note 2 of the Harmonized Tariff Schedule of the United States is based on AATCC Test Method 35-1985.

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

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 7.4 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 percent ad valorem.

The jacket falls within textile category designation 634. Based upon international textile trade agreements products of Thailand 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. 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 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.


Paul K. Schwartz
Chief, Textiles & Apparel Branch

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