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NY J85798




July 15, 2003

CLA-2-62:RR:NC:WA:357 J85798

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5050

Ms. Jackie Barry
UPS Supply Chain Solutions
500 Rutherford Ave
Charlestown, MA 02129

RE: The tariff classification of a man’s pullover garment from Taiwan and Vietnam

Dear Ms. Barry:

In your letter dated June 16, 2003, on behalf of Charles River Apparel, you requested a classification ruling.

The sample submitted, style number 9942 “Celebrity Waterproof and Breathable Rainshirt”, is a man’s hip-length pullover constructed of a shell composed of a three-layer fabric with one layer of a woven 100% polyester fabric on the outer surface and one layer of a knit tricot 100% nylon mesh fabric on the inner surface with a polyurethane laminate in between. The laminate is visible through the knit nylon mesh fabric. The garment is designed to protect against rain and moisture during outdoor activities.

The pullover has a stand-up collar with a partial opening at the neck that is secured by a three-snap closure. The garment features half sleeves, two side-seam pockets and a drawcord tightening at the bottom hem. A textile label with the “Charles River” logo is on the lower portion of the left side seam.

The sample is being returned to you.

The applicable subheading for the pullover will be 6210.40.5050, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906, or 5907: other men’s or boys’ garments: of man-made fibers: other: other. The duty rate will be 7.2 percent ad valorem.

The pullover falls within textile category designation 659. Based upon international textile trade agreements products of Taiwan are presently subject to quota restraints and a visa requirement. Products of Vietnam are presently subject to quota restraints but a visa is not required.

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 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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