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NY K84071




April 5, 2004
CLA-2-61:RR:NC:TA:N3:356 K84071

CATEGORY: CLASSIFICATION

TARIFF NO.: 6101.30.2010

Mr. Steven W. Marlow
FedEx Trade Networks
Transport & Brokerage, Inc.
205 West Service Road
Champlain, NY 12919

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

Dear Mr. Marlow:

In your letter dated March 5, 2004, on behalf of Arc’teryz Equipment Inc., you requested a tariff classification ruling. As requested, your sample will be returned.

Style MWJ301 is a men’s jacket constructed from a laminated fabric consisting of an outer layer of 44 percent cotton, 27 percent wool, 16 percent acrylic, 13 percent nylon, jersey knit fabric that is bonded to a middle layer of a 100 polyurethane film and an inner later of 100 percent polyester, knit pile fabric. Style MWJ301 features a self-fabric stand-up collar; a full front opening with a zippered closure; zippered slash pockets below the waist, long tapered sleeves; an embroidered logo on the left chest; and a straight bottom with a drawcord and cordlock.

Following Chapter 60, Note 1 (c), this tri-laminate fabric is considered a knit fabric because of the knit pile component. Consequently, the applicable subheading for Style MWJ301 will be 6101.30.2010, Harmonized Tariff Schedule of the United States, (HTS), which provides for: 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: other men’s. The rate of duty will be 28.2 percent ad valorem.

Style MWJ301 falls within textile category designation 634. 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 this ruling letter 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 this ruling, contact National Import Specialist Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski

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