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NY D82669




October 14, 1998

CLA-2-62:RR:NC:WA:357 D82669

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.9016

Mr. Omar T. Lee
Merries International, Inc.
812 S. Date Avenue, Suite C
Alhambra, CA 91803

RE: The tariff classification of a man's flocked jacket; Request for modification of NY C87492

Dear Mr. Lee:

This is in response to your letter dated September 18, 1998, requesting the modification of NY ruling C87492, dated May 27, 1998, regarding the classification of a man's flocked garment.

In that ruling the garment, style number 9825, a man's jacket was composed of a flock on a base of knit cotton.

You now state that you have revised style 9825 and request that we reclassify the garment. The revised garment is composed of a base fabric constructed of a woven 100% silk fabric which is bonded to an expanded polyurethane. An adhesive has been applied to the outer surface of the polyurethane and then it is covered with a rayon flocking material which forms the exterior surface. The garment is lined in the body and on the outer portion of the collar with a knit 100% polyester sherpa fabric and in the sleeves with a woven man-made fabric.

The garment has a pointed collar and full front opening secured by a zipper closure. There are two front slash pockets at the waist and a one button closure on the sleeve cuffs.

You submitted for our examination a sample of the jacket and a swatch composed of the revised fabric.

The sample is being returned to you.

The applicable subheading for the jacket will be 6210.40.9016, 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: other, Having a fiber content of 70 percent or more by weight of silk or silk waste: anoraks (including ski-jackets), windbreakers and similar articles. The duty rate will be 6.4 percent ad valorem.

The jacket falls within textile category designation 734. Based upon international textile trade agreements products of China are not presently subject to quota restraints but a visa is required.

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.

Sincerely,

Robert B. Swierupski
Director,

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