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NY J80591




May 27, 2003

CLA-2-61: RR:NC:TA:N3:356 J80591

CATEGORY: CLASSIFICATION

TARIFF NO.: 6101.30.2010

Ms. Barbara Nichols
Spyder Active Sports, Inc.
3600 Pearl Street
Boulder, CO 80301

RE: The tariff classification of a men’s knit jacket from China.

Dear Ms. Nichols:

In your letter dated January 24, 2003, you requested a tariff classification ruling. Your sample was sent to our laboratory for fabric analysis and cannot be returned.

Style 1020 “Sundance Soft Shell” is a men’s jacket constructed from a bonded tri-laminate fabric consisting of an outer layer of an 89 percent nylon, 11 percent spandex, woven stretch twill fabric, a middle layer of a polyurethane breathable, waterproof membrane, and an inner layer of a 100 percent polyester, brushed knit pile fabric. The body of the garment is lined with 100 percent polyester, jacquard knit fabric and the sleeves are lined with 100 percent polyester, woven taffeta fabric.

Style 1020 “Sundance Soft Shell” features a self-fabric stand-up collar with a molded chin guard; a full front opening with a zipper closure; long sleeves finished with elasticized capping; underarm ventilating zippers; zippered pockets below the waist; zippered vertical pockets on the outer left chest and inner right chest; an inner mesh goggle pocket; and elasticized capping at the bottom.

Following Chapter 60, Note 1 (c), this tri-laminate fabric is considered a knit fabric because of the knit pile component. Consequently, the applicable subheading for Style 1020 “Sundance Soft Shell” 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. The rate of duty will be 28.4 percent ad valorem.

Style 1020 “Sundance Soft Shell” falls within textile category designation 634. Based upon international textile trade agreements, products of China 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 Textile Status Report for Absolute Quotas, which is available at our Web Site at www.cpb.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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