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NY I89000





March 17, 2003

CLA-2-61:RR:NC:TA:357 I89000

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.9025; 6113.00.9044

Mr. Sean Gallinger
Summit Resource Imports LLC
500 Gallatin Field Road
Belgrade, MT 59714

RE: The tariff classification of men’s jackets and trousers from Cambodia

Dear Mr. Gallinger:

In your letter dated November 19, 2002, received on December 2, 2002, you requested a classification ruling. Fabric swatches and descriptive materials were submitted. We regret the delay in responding, which was due to laboratory analysis performed on the fabric.

Four styles are involved, each made from a shell fabric consisting of a brushed, warp knit fabric described as 220-gram polyester tricot, 5000mm waterproof, and a lining of 190T nylon taffeta. According to analysis performed by our laboratory the shell fabric swatches you submitted are not of pile construction.

Style H780 is a jacket with a full front opening covered by a storm flap with snaps. The collar and cuffs are of a rib knit fabric. The garment has an elasticized drawstring through the bottom hem, 40-gram polyfil and slant pockets at the waist.

Style H781 is a jacket with a full front opening with a storm flap, detachable sleeves with tabs having hook and loop closures at the ends, patch pockets at the waist, an elasticized drawcord at the bottom hem and a hood with an elasticized drawcord.

Style H785 is a pair of pull-on trousers with an elasticized waistband having an elasticized drawcord and a single back pocket.

Style H787 is a pair of cargo pants with a snap waist and zipper fly, an adjustable waistband with tabs, cargo pockets in the thigh area, side entry pockets, back pockets with snaps and gusseted legs with partial zippers extending up 15-3/4 inches from the bottom hem.

The applicable subheading for the jackets will be 6113.00.9025, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907, coats and jackets, other than of cotton, men’s or boys’. The duty rate will be 7.2 percent ad valorem.

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

The jackets and trousers fall within textile category designations 634 and 647, respectively. Based upon international textile trade agreements products of Cambodia are subject to quota 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 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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