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NY K85581




May 24, 2004
CLA-2-61: RR:NC:TA:356 K85581

CATEGORY: CLASSIFICATION

TARIFF NO.: 6101.30.2010

Ms. Linda Taylor
Associated Merchandising Corporation
500 Seventh Avenue
New York, NY 10018

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

Dear Ms. Taylor:

In your letter dated April 20, 2004, you requested a tariff classification ruling. As requested, your sample will be returned.

Style RM44429 is a men’s jacket constructed from a laminated fabric consisting of an outer layer of 97 percent polyester, 3 percent polyurethane, faux leather that is bonded to an inner layer of 100 percent polyester, finely knit sherpa pile fabric. Style RM44429 features a self-fabric spread collar; a full front opening with four button closures; slash pockets below the waist, long tapered sleeves with fold over self-fabric cuffs; and a straight self-finished bottom.

Following Chapter 60, Note 1 (c), this laminated fabric is considered a knit fabric because of the knit pile component. Consequently, the applicable subheading for Style RM44429 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 RM44429 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
Director,

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