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NY I85918




January 6, 2003

CLA-2-61: RR:NC:TA:356 I85918

CATEGORY: CLASSIFICATION

TARIFF NO.: 6101.30.2010

Mr. W. J. Gonzalez
Trans-Union Customs Service, Inc.
11941 S. Prairie Avenue
Hawthorne, CA 90250

RE: The tariff classification of a men’s bonded fabric jacket from Indonesia.

Dear Mr. Gonzalez:

In your letter dated August 13, 2002, you requested a tariff classification ruling on behalf of Intersport Fashions West.

The sample, Style Kilimanjaro II, is a 2-in-1 jacket consisting of a woven fabric outer jacket and a zip out, bonded fabric inner jacket. The outer jacket was classified in a previous letter, NY I85359 and the sample was returned to you. The inner jacket was submitted to the New York Customs Laboratory for fabric analysis. As requested, the sample of the inner jacket is being returned.

The inner jacket of Style Kilimanjaro II is a men’s garment constructed from a bonded fabric having an outer layer of a 100 percent nylon, woven fabric and an inner layer of a 100 percent polyester, finely knit brushed pile fabric. The garment is hip length and features a self-fabric stand-up collar; a full front opening with a zipper closure; long sleeves with self-fabric cuffs; slash pockets below the waist; and a rib knit bottom.

Following Chapter 60, Note 1 (c), the fabric used for the inner jacket is not considered a fabric of heading 5903 because the inner layer of the fabric is of pile construction. Consequently, the applicable subheading for the inner jacket 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: men’s. Effective January 1, 2003, the rate of duty will be 28.4 percent ad valorem.

The jacket falls within textile category designation 634. Based upon international textile trade agreements, products of Indonesia are subject to visa requirements and quota restraints.

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 Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski
Director,

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