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NY J89535




January 27, 2004
CLA-2-61: RR:NC:TA:N3:356 J89535

CATEGORY: CLASSIFICATION

TARIFF NO.: 6101.30.2010

Ms. Carole Shoemaker
Quantum Logistics, Inc.
5025 Florence Street, Unit D
Denver, CO 80239

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

Dear Ms. Shoemaker:

In your letter dated September 23, 2003, you requested a tariff classification ruling on behalf of Pacifica LTM, LLC. Your ruling was delayed due to laboratory analysis. As requested, your sample is being returned.

Style 4072 (“Mountainsmith Hoody”) is a men’s jacket constructed from a laminated fabric consisting of an outer layer of 100 percent polyester, woven fabric that is bonded to an inner layer of 100 percent polyester, finely knit pile fabric. Style 4072 features a self-fabric hood with a drawcord and cord locks; a full front opening with a zippered closure; long sleeves with adjustable snap closures at the sleeve openings; a zippered pocket on the left chest; a pocket with a flap on the right chest; an inner zippered pocket on the left chest; zippered slash pockets below the waist; pockets at each side; and a straight bottom with adjustable tabs and snap closures at the sides.

In your letter, you suggest classification as a woven jacket. Following Chapter 60, Note 1 (c), however, laminated knit pile fabrics, whether they are laminated to a knit or to a woven fabric, are considered knit fabrics. The fabric is not considered a fabric of heading 5903 because the inner layer of the fabric is of knit pile construction. Consequently, the applicable subheading for Style 4072 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 28.2 percent ad valorem.

Style 4072 falls within textile category designation 634. Based upon international textile trade agreements, products 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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