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NY J86882




August 20, 2003

CLA-2-61:RR:NC:TA:N3:356 J86882

CATEGORY: CLASSIFICATION

TARIFF NO.: 6101.30.2010; 6113.00.9025; 6203.43.4010

Ms. Joy M. Barker
Specialty Sports Limited
532 Wolverine Street
Rockford, MI 49341

RE: The tariff classification of a man’s knit and woven motorcycle jacket and pants from China.

Dear Ms. Barker:

In your letter dated July 18, 2003, you requested a tariff classification ruling. As requested, your samples are being returned.

Style 2736 (Aquavent Jacket) is a men’s jacket constructed from both knit and woven fabrics. The woven portions of the jacket are of 100 percent nylon and consist of the collar; the raglan shoulders; the lower, outer portion of each sleeve; the triangular side panels; the side tabs; the balloon pocket and pocket flap; the waistband and the tail. The remainder of the garment is of 100 percent nylon, warp knit mesh fabric.

Style 2736 features a stand-up collar; a full front opening with a zippered closure; an inside storm flap; a woven fabric strip with a snap closure at the neck; a flap with a hook and loop closure at the bottom of the zipper; long sleeves with a gusset and zippered closures at the wrists; zippered pockets below the waist; a balloon pocket with a flap and a hook and loop closure on the lower left front panel; a D-ring on the pocket flap; two flaps with adjustable snaps on the underside of each sleeve; an inner pocket on the left chest; inner pockets with hook and loop closures designed to hold padding on each shoulder and on the center back; an adjustable tab with hook and loop closures on both sides of the waistband; padding on the upper and lower back; a flap on the inner rear panel with a half zipper and zipper pull that zips to the pants; and a straight bottom with a curved, padded tail. The garment is fully lined with 100 percent polyester, finely knit, dropped stitch fabric.

Style 2736 (Aquavent Jacket) has a zip out liner constructed from a laminated, 100 percent polyester, warp knit fabric. The zip out liner has a self-fabric hood, a full front opening with a zipper closure, long sleeves with elasticized capping at the cuffs, and a straight bottom finished with elasticized capping.

Style 2734 (Aquavent Pants) is a pair of men’s pants constructed from both knit and woven fabrics. The woven portions of the pants are of 100 percent nylon and consist of the waistband, the fly and front hip area, the knee and below knee area, and the rear panels from the waistband to the rear knee area. The remainder of the garment is of 100 percent nylon, warp knit mesh fabric.

Style 2734 features a zippered fly with a placket and hook and loop closures; a tab at the front waist with a D-ring and hook and loop closures; tunnel elastic at each side of the waistband; a half zipper for a pant liner that encircles the waist below the waistband; a fabric extension at the rear waistband with a half zipper that zips to a flap on the jacket; zippered pockets on the front panels below the hips; padding on the upper legs; expandable fabric sections at each knee; zippered pockets with hook and loop closures below each knee; twelve inch zippers at the lower inseam of each leg; and hemmed legs. The pants are fully lined with 100 percent polyester, finely knit, dropped stitch fabric.

Style 2734 (Aquavent Pants) has a zip out liner constructed from a laminated, 100 percent polyester, warp knit fabric. The zip out liner has a fly with a hook and loop closure, an exposed half zipper at the waist with a zipper pull, fifteen inch long slits at the lower inseam of each leg, and two tabs with snap closures at the lower portion of each slit. The tabs are designed to secure the liner to the outer pant leg. The liner has no means of tightening at the waist and is not suitable for separate use.

For Style 2736 (Aquavent Jacket), the nylon mesh knit fabric comprises over 60 percent of the visible surface area of the garment and imparts the essential character to the garment. Consequently, the applicable subheading for Style 2736 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 is 28.4 percent ad valorem.

The applicable subheading for the zip out liner of Style 2736 (Aquavent Jacket) will be 6113.00.9025, Harmonized Tariff Schedule of the United States, (HTS), which provides for: garments made of knitted or crocheted fabrics of heading 5903, 5906 or 5907: other: coats and jackets: other: men’s or boys’. The rate of duty is 7.2 percent ad valorem.

For Style 2734 (Aquavent Pants), following General Rule of Interpretation 3 (c), neither the knit nor the woven portions impart the essential character to the garment. Consequently, the applicable subheading for Style 2734 will be 6203.43.4010, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ trousers, breeches and shorts (other than swimwear): of synthetic fibers: other: other: other: trousers and breeches: men’s. The rate of duty is 28.1 percent ad valorem.

The outer jacket of Style 2736 (Aquavent Jacket) falls within textile category designation 634. The zip out liner of Style 2736 (Aquavent Jacket) falls within textile category designation 634. Style 2734 (Aquavent Pants) falls within textile category designation 647. 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.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 Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski
Director,

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