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February 5, 1999

CLA-2-61:RR:NC:TA:N3:356 D86409

CATEGORY: CLASSIFICATION

TARIFF NO.: 6101.30.2010

Mr. Troy Myers
Wal-Mart Stores, Inc.
702 Southwest 8th Street
Bentonville, AR 72716-8023

RE: The tariff classification of a men's knit jacket from Malaysia.

Dear Mr. Myers:

In your letter dated January 6, 1999, you requested a tariff classifi?cation ruling. As requested, your sample will be returned.

Style OT9900 is a men’s jacket constructed from 100 percent polyester, finely knit fabric which is napped on the inside and outside surfaces. Style OT9900 features a full front opening with a zipper closure and an inside wind flap; a self-fabric convertible collar with an underside of nylon woven fabric; long sleeves with fabric covered elastic cuffs; two slash pockets below the waist; and a fabric covered elastic bottom. The garment will be imported in sizes S, M, L and XL.

You state that the same garment will be imported in sizes 2XL and 3XL as Style OT9900BG.

The applicable subheading for the Styles OT9900 and OT9900BG will be 6101.30.2010, Har?monized Tariff Schedule of the United States, (HTS), which provides for: men’s or boys’ overcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles, knitted or crocheted: of man-made fibers: other: other: men's. The rate of duty will be 29.1 percent ad valorem.

Styles OT9900 and OT9900BG fall within textile category designation 634. Based upon in?ter?national textile trade agree?ments, products of Malaysia are subject to a visa re?quire?ment and quota restraints.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the sub?ject mer?chan?dise may be affected. Since part categories are the result of in?ter??na?tion??al bilateral agreements which are sub?ject to frequent re?ne?go?ti?a?tions 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 in?spec?tion 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 this ruling letter or the control number indicated above should be attached to the entry docu?ments filed at the time this merchandise is imported. If you have any questions regarding this ruling, contact National Import Specialist Mary Ryan at 212-637-7081.

Sincerely,

Robert B. Swierupski

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