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NY K84850




July 7, 2004
CLA-2-61:RR:NC:TA:357 K84850

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.9025; 6113.00.9065

Mr. Brian Bernarding
Dick’s Sporting Goods
200 Industry Drive
RIDC Park West
Pittsburgh, PA 15275

RE: The tariff classification of men’s hunting garments from Vietnam

Dear Mr. Bernarding:

In your letter dated March 22, 2004, you requested a classification ruling. Samples were submitted and are being returned as you requested. We regret the delay in responding, which was the result of laboratory analysis.

The first item, style MHA00078, is a men’s bomber-style jacket. It has a shell fabric described as 100% polyester tricot warp knit fabric with a polyurethane lamination on the inner surface. This fabric is brushed and bears a camouflage print design. The jacket has a full front opening with a zipper that extends to the top of the collar, a storm flap with snaps, long sleeves with elasticized cuffs, a partially elasticized waistband, double entry bellows pockets with flaps at the waist, slant, zippered pockets above the waist, an inner chest pocket and a woven nylon lining quilted to a polyester batting.

The second item, style MHA00087, is a pair of bib and brace overalls. In your letter you indicated that the shell fabric is identical to that of style MHA00078, except that this item is blaze orange. The item has a front bib extending high on the chest, a two-way front zipper covered by a storm flap, slant, zippered pockets with flaps at the waist, zippered back pockets with flaps, a covered two-way zipper on the outside of each leg extending up from the ankle approximately twenty-five inches, a hook and loop adjustment tab on the bottom hem of both legs, elasticized shoulder straps with buckles and a nylon lining quilted to a nonwoven polyester batting.

Based on our laboratory’s finding that the brushed shell fabric is not of knit pile construction, these items are eligible for classification in HTS heading 6113.

The applicable subheading for the jacket will be 6113.00.9025, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s or boys’ coats and jackets, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907, other than of cotton. The duty rate will be 7.1 percent ad valorem.

The applicable subheading for the overalls will be 6113.00.9065, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s or boys’ overalls and coveralls, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907, other than of cotton. The duty rate will be 7.1 percent ad valorem.

The jacket and overalls fall within textile category designations 634 and 659, respectively. Based upon international textile trade agreements products of Vietnam are not currently subject to quota or the requirement of a visa.

You also inquired about the classification of numerous other styles with shell fabric of the same material. Although garments of this material will generally be classified in heading 6113, we require samples to rule on them because variations in design could affect classification at the subheading level. In addition, some styles involve sets of garments, which historically have been comprised of different materials or constructions.

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 William Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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