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NY H84098




August 13, 2001

CLA-2-61:RR:NC:WA:357 H84098

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.9044; 6113.00.9052; 6113.00.9084; 6113.00.9086

Mr. Steve Burkhart
International Service Group, Inc.
301 E. Grand
South San Francisco, CA 94080

RE: The tariff classification of two men’s pullovers, a woman’s pullover, a man’s pair of pants and a woman’s pair of pants from China

Dear Mr. Burkhart:

In your letter dated July 20, 2001, on behalf of Mountain Hardwear, Inc., you requested a classification ruling.

Five samples were submitted as follows: Style number 617 is a man’s short-sleeve hip-length pullover garment. Style number 619 is a man’s long-sleeve hip-length pullover garment. Style number 616 is a woman’s long-sleeve hip-length pullover garment. Style number 621 is a man’s pair of pull-on pants. Style number 618 is a woman’s pair of pull-on pants. Each garment has a shell composed of a three-layer construction consisting of one layer on the outer surface of a 3.4 oz. pique knit 100% polyester fabric with a hydrophobic durable water resistant treatment and one layer on the inner surface of a knit brushed 2 oz. 57% polyester/43% Hydrofil nylon fabric with a wicking treatment, which are laminated together by a “Gore” waterproof breathable membrane in between. In your letter you indicate that the garments are marketed towards men’s and women’s activities such as hiking, mountain climbing, biking and running.

Style number 617 has a stand-up collar, is partially fitted at the waist and has a partial opening at the neck that is secured by a zipper closure. The garment has short sleeves that have a knit fabric edging, and a knit fabric bottom hem. The logo “Mountain Hard Wear” is embroidered onto the left chest. A textile label on the lower portion of the rear panel features the “Gore Windstopper” tradename.

Style number 619 has a stand-up collar, is partially fitted at the waist and has a partial opening at the neck that is secured by a zipper closure. The garment has long sleeves with a knit fabric insert on the lower portion of each sleeve, knit fabric cuffs, and a knit fabric bottom hem. The logo “Mountain Hard Wear” is embroidered onto the left chest. A textile label on the lower portion of the rear panel features the “Gore Windstopper” tradename.

Style number 616 has a stand-up collar, is slightly fitted at the waist and has a partial opening at the neck that is secured by a zipper closure. The garment has long sleeves with a knit fabric insert on the lower portion of each sleeve, knit fabric cuffs, and a knit fabric bottom hem. The logo “Mountain Hard Wear” is embroidered onto the left chest. A textile label on the lower portion of the front panel features the “Gore Windstopper” tradename.

Style numbers 621 and 618 have a knit fabric elasticized waistband with a drawcord tightening, two side seam pockets below the waist, long trouser legs with a knit fabric insert on the lower portion of each leg and knit fabric ankle cuffs. Each garment also has a textile label with the “Gore Windstopper” tradename on the outer seam of the left trouser leg and the logo “Mountain Hard Wear” embroidered onto the left trouser leg below the knee area.

The samples are being returned to you as you have requested.

The applicable subheading for style numbers 617 and 619 will be 6113.00.9084, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: other: other: other: men’s or boys’. The duty rate will be 7.2 percent ad valorem.

The applicable subheading for style number 616 will be 6113.00.9086, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: other: other: other: women’s or girls’. The duty rate will be 7.2 percent ad valorem.

The applicable subheading for style number 621 will be 6113.00.9044, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: other trousers, breeches and shorts: other: men’s or boys’. The duty rate will be 7.2 percent ad valorem.

The applicable subheading for style number 618 will be 6113.00.9052, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: other trousers, breeches and shorts: other: women’s or girls’. The duty rate will be 7.2 percent ad valorem.

Style numbers 616, 617 and 619 fall within textile category designation 659. Style number 621 falls within textile category designation 647. Style number 618 falls within textile category designation 648. Based upon international textile trade agreements products of China are presently subject to quota restraints and the requirement of a visa.

The designated textile and apparel categories 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, 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 also 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 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 212-637-7076.

Sincerely,

Robert B. Swierupski
Director,

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