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NY J84045




June 5, 2003

CLA-2-62:RR:NC:TA:357 J84045

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3511

Ms. Maryanne Tao
Jiing Sheng (USA) Ltd.
1407 Broadway
New York, NY 10018

RE: The tariff classification of a men’s knit and woven garment from Taiwan

Dear Ms. Tao:

In your letter dated May 7, 2003, you requested a classification ruling. A sample was submitted and is being returned to you.

The item in question, style #84420, is a men’s jacket made from knit and woven components. It has a full front opening secured by a five-button closure, a pointed collar, patch pockets with flaps in the chest, pockets at the waist and a full polyester taffeta lining. The front panels, the patch pockets, the cuffs and the collar are made from a woven 100% polyester brushed fabric, while the back panel and sleeves are made from a 70% acrylic/30% wool knit fabric described as 9 gauge variegated rib. According to your letter the weights for the shell materials are 1.13 lb. for the knit and .69 lb. for the woven components.

Garments comprised of both knit and woven components are classifiable according to the portion that provides the essential character or, failing that, under the heading which occurs last among those which equally merit consideration in the classification of the garment. In this case the woven portion comprises the entire front of the garment and imparts the essential character.

The applicable subheading for the jacket will be 6201.93.3511, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s or boys’ anoraks, windbreakers and similar articles, of man-made fibers. The duty rate will be 27.9 percent ad valorem.

This jacket falls within textile category designation 634. Based upon international textile trade agreements products of Taiwan 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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.

You also inquired about proper layout on the fiber content label. Textile fiber products imported into the U.S. must be labeled in accordance with the Textile Fiber Products Identification Act and the rules promulgated thereunder by the Federal Trade Commission, for which U.S. Customs does not issue rulings. Information on these labeling requirements may be obtained at the FTC Web site at www.ftc.gov.

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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