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NY J85270




November 18, 2003
CLA-2-61:RR:NC:TA:N3:356 J85270

CATEGORY: CLASSIFICATION

TARIFF NO.: 6101.30.2010; 6110.30.3050

Mr. Phil Patterson
Phil Patterson, Inc.
1209 Harney Street, Suite 250
Omaha, NE 68102

RE: The tariff classification of men’s knit garments from China and Taiwan

Dear Mr. Patterson:

In your letter dated May 22, 2003, you requested a tariff classification ruling on behalf of Boyt Harness Co. Our response to your inquiry was delayed due to laboratory analysis.

Style HU216 is a men’s pullover garment constructed from a laminated fabric consisting of an inner and an outer layer of 100 percent polyester, finely knit, brushed pile fabric with a middle layer of a polyurethane membrane. Style HU216 features a rib knit neckband; a partial front opening with three button closures; long sleeves with rib knit cuffs; a half moon at the rear neckline; overlays on the shoulders and elbows; and a rib knit bottom.

Style HU217 is a men’s jacket constructed from a laminated fabric consisting of an inner and an outer layer of 100 percent polyester, finely knit, brushed pile fabric with a middle layer of a polyurethane membrane. Style HU217 features a rib knit neckband; a full front opening with a zippered closure; long sleeves with rib knit cuffs; zippered side seam pockets below the waist; a half moon at the rear neckline; overlays on the shoulders and elbows; and a rib knit bottom.

You suggest classification of the garments in HTS 6113.00.9084 or 6113.00.1005. Following Chapter 60, Note 1 (c), the fabric is not considered a fabric of heading 5903 because it is of knit pile construction. Consequently, heading 6113 does not apply.

The applicable subheading for Style HU216 is 6110.30.3050, Harmonized Tariff Schedule of the United States, (HTS), which provides for: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: other: men’s or boys’. The rate of duty is 32.2 per cent ad valorem.

The applicable subheading for Style HU217 is 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 is 28.4 percent ad valorem.

Style HU216 falls within textile category designation 638. Style HU217 falls within textile category designation 634. Based upon international textile trade agreements, products of China and Taiwan 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.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.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of this ruling letter or the control number indicated above should be attached to the entry documents filed at the time this merchandise is imported. If you have any questions regarding this ruling, contact National Import Specialist Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski, Director,
National Commodity Specialist Division


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