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NY 816836




January 19, 1996

CLA-2-61:RR:NC:WA:N5:356 816836

CATEGORY: CLASSIFICATION

TARIFF NO.: 6101.30.2010: 6110.30.3050

Ms. Sarah Kivel Lewis
The North Face, Inc.
2013 Farallon Drive
San Leandro, California 94577

RE: The tariff classification of men's knit garments from the People's Republic of China.

Dear Ms. Lewis:

In your letter, dated November 14, 1995, and in subsequent correspondence dated November 20, 1995 and January 17, 1996, you requested a tariff classification ruling.

Style 84028 is a man's jacket composed of a three layer construction consisting of inner and outer layers of a 100 percent polyester, finely knit, napped pile fabric with a middle layer of a plastic "Gore" membrane. The garment is napped on the inside and outside surfaces. Style 84028 features a self fabric hood with an adjustable elastic drawcord; a full front zippered opening with a storm flap and six snap closures; two zippered slash pockets on the front panels with woven nylon edging; two underarm zippered openings for ventilation; long sleeves with elastic cuffs and napped fabric hand covers; nylon overlays on the front and back yokes and on the outer sleeves from the elbows to the wrists; and a tunnel waistband with an adjustable elastic drawcord. A logo has been embroidered on the left chest, on the upper left back panel, and on the left sleeve.

Style 84064 is a man's jacket composed of a three layer construction consisting of an outer surface of a 100 percent polyester finely knit, napped pile fabric with a middle layer of a plastic "Gore" membrane and an inner layer of a dropped stitch mesh fabric. The garment features long sleeves with elastic cuffs; a full front zippered opening; a stand up, convertible collar; two zippered slash pockets on the front panels below the waist; and a woven extension bottom with a tunnel waistband and an adjustable elastic drawcord. There is a woven nylon overlay across each shoulder and on the outer portion of each sleeve from the elbow to the wrist. A logo has been embroidered on the left chest and the left sleeve.

Style 91018 is a man's pullover garment composed of a three layer construction consisting of an outer surface of a 100 percent polyester finely knit, napped pile fabric with a middle layer of a plastic "Gore" membrane and an inner layer of a dropped stitch mesh fabric. The garment features long sleeves with elastic cuffs; a partial front zippered opening; a stand up, convertible collar; two zippered pouch pockets; and a tunnel waistband with an adjustable elastic drawcord. There is an embroidered logo on the upper left chest and the left sleeve.

As requested, your samples will be returned.

The applicable subheading for Styles 84028 and 84064 will be 6101.30.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for: overcoats, .... windbreakers and similar articles, knitted or crocheted, other than those of heading 6103: of man-made fibers: other: other: men's. The duty rate will be 29.6 percent ad valorem.

The applicable subheading for Style 91018 will be 6110.30.3050, Harmonized Tariff Schedule of the United States (HTS), which provides for: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted, of man-made fibers: other: other: other: men's or boys'. The duty rate will be 33.8 percent ad valorem.

Styles 84028 and 84064 fall within textile category designation 634. Style 91018 falls within textile category designation 638. Based upon international textile trade agreements, products of the People's Republic of China are subject to visa requirements and quota restraints.

The designated textile and apparel category 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 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 this ruling, contact National Import Specialist Mary Ryan at 212-466-5877.

Sincerely,

Roger J. Silvestri
Director
National Commodity

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