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NY K85890




October 6, 2004
CLA-2-61: RR:NC:TA:N3:356 K85890

CATEGORY: CLASSIFICATION

TARIFF NO.: 6101.30.2010; 6103.43.1520

Mr. Brian Bernarding
Inbound Traffic Analyst
Dick’s Sporting Goods
200 Industry Drive
Pittsburgh, PA 15275

RE: The tariff classification of a men’s jacket and pair of pants from Vietnam.

Dear Mr. Bernarding:

In your letter dated May 4, 2004, you requested a tariff classification ruling. Style MGA00032 was destroyed during laboratory analysis. Style MGA00034 is being returned, as requested.

Style MGA00032 is a men’s jacket constructed from a laminated fabric consisting of an outer layer of 94 percent polyester, 6 percent spandex woven fabric that is bonded to an inner layer of 100 percent polyester, finely knit pile fabric. Style MGA00032 features a full front opening with a zippered closure; a pointed collar; long sleeves with elastic cuffs; zippered pockets below the waist; and a straight bottom with an elastic drawcord.

Style MGA00034 is a men’s pair of pants constructed from a laminated fabric consisting of an outer layer of 94 percent polyester, 6 percent spandex woven fabric that is bonded to an inner layer of 100 percent polyester, finely knit pile fabric. Style MGA00034 features a self-fabric waistband with seven belt loops; a zippered fly with a snap at the waist; front quarter pockets; a triangular pocket with twill tape loops situated within the right quarter pocket; a rear, zippered inset pocket; ankle zippers on each leg; and hemmed legs with tab and snap closures at the ankles.

Following Chapter 60, Note 1 (c), laminated knit pile fabrics, whether they are laminated to a knit or to a woven fabric, are considered knit fabrics. Consequently, the applicable subheading for Style MGA00032 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.

The applicable subheading for Style MGA00034 will be 6103.43.1520, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s and boys’ trousers, breeches and shorts (other than swimwear), knitted or crocheted: of synthetic fibers: trousers and breeches: men’s. The rate of duty is 28.2 percent ad valorem.

Style MGA00032 falls within textile category designation 634. Style MGA00034 falls within textile category designation 647. Based upon international textile trade agreements, products of Vietnam in category 634 are not presently subject to visa requirements or quota restraints. Products of Vietnam in category 647 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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