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NY E88968




December 22, 1999

CLA-2-61:RR:NC:TA:N3:356 E88968

CATEGORY: CLASSIFICATION

TARIFF NO.: 6101.30.2010; 6110.30.3050

Mr. William Vollmerhausen
Kmart Corporation, Resource Center
3100 West Big Beaver Road
Troy, MI 48084-3163

RE: The tariff classification of men’s knit garments from Hong Kong.

Dear Mr. Vollmerhausen:

In your letter dated November 18, 1999, you requested a tariff classification ruling. As requested, your samples will be returned.

Style 5630 is a men’s jacket constructed from 100 percent polyester, finely knit fabric that is napped on the inside and outside surfaces. Style 5630 features a full front opening with a zippered closure; a self-fabric convertible collar; long sleeves with elasticized cuffs; two side seam pockets below the waist; and a straight bottom with an elastic drawcord and two toggles.

Style 5620 is a men’s garment constructed from 100 percent polyester, finely knit fabric that is napped on the inside and outside surfaces. Style 5620 features a full front opening with a zippered closure; a self-fabric convertible collar; long sleeves with elasticized cuffs; two zippered slash pockets below the waist; and a straight, hemmed bottom.

The applicable subheading for Style 5630 will be 6101.30.2010, Harmonized Tariff Schedule of the United States, (HTS), which provides for: men’s or boys’ overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles, knitted or crocheted, other than those of heading 6103: of man-made fibers: other: other: other: men's. The duty rate is 29.1 percent ad valorem. In 2000, the duty rate will be 28.9 ad valorem.

The applicable subheading for Style 5620 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 is 33.1 percent ad valorem. In 2000, the duty rate will be 32.9 ad valorem.

Style 5630 falls within textile category designation 634. Style 5620 falls within textile category designation 638. Based upon international textile trade agreements, products of Hong Kong are subject to a visa requirement and quota restraints.

The designated textile and apparel category and their quota and visa status are the result of international agreements that 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 U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should be verified at the time of shipment.

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 documents filed at the time this merchandise is imported. If you have any questions regarding this ruling, contact National Import Specialist Mary Ryan at 212-637-7081.

Sincerely,

Robert B. Swierupski
Director
National Commodity

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