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NY K80706





December 17, 2003
CLA-2-61:RR:NC:TA:N3:356 K80706

CATEGORY: CLASSIFICATION

TARIFF NO.: 6101.30.2010

Mr. Charles Parisi
Parisi Services, Inc.
11105 South La Cienega Blvd.
Los Angeles, CA 90045

RE: The tariff classification of a men’s knit jacket from Indonesia, the Philippines and Vietnam.

Dear Mr. Parisi:

In your letter dated November 14, 2003, you requested a tariff classification ruling on behalf of The Outdoor Recreation Group, Inc. As requested, your sample will be returned.

Product code WWJ002WM is a men’s jacket constructed from a laminated fabric consisting of an outer layer of 100 percent polyester, finely knit, brushed tricot fabric, a middle layer of a polyurethane membrane, and an inner layer of 100 polyester, brushed fleece fabric. You state that the brushed fleece fabric is not of pile construction. Because the polyurethane membrane is not visible in cross section, HTS 6113 is not applicable.

The jacket features a self-fabric stand-up collar; a full front opening with a zippered closure; long sleeves with tunnel elastic cuffs; a zippered pocket on the left chest; two vertical zippered pockets at the waist; double faced pile fabric inserts on the front panel at each side; and a straight bottom with a drawcord and cord locks.

The applicable subheading for Product code WWJ002WM 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. Effective January 1, 2004, the rate of duty will be 28.2 percent ad valorem.

Product code WWJ002WM falls within textile category designation 634. Based upon international textile trade agreements, products of Indonesia and the Philippines are subject to visa requirements and quota restraints. Products of Vietnam are not presently subject to visa requirements or 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

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