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NY K86145





June 9, 2004
CLA-2-62:RR:NC:WA:357 K86145

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020; 6101.30.2010

Ms. Tricia Richter
Encore Forwarding, Inc.
One Cross Island Plaza, Suite 229A
Rosedale, New York 11422

RE: The tariff classification of a man’s double jacket set from China

Dear Ms. Richter:

In your letters dated March 15, and April 21, 2004, on behalf of Mornington Corp., you requested a classification ruling.

The samples submitted, style numbers 3150NV and 3151NV, are a man’s two-piece set. The two-piece set consists of a hip-length outer jacket and a hip-length inner jacket which can be zippered together along the front edges so as to be worn as one garment. Although the garments are worn together, each garment can also be worn separately and will be classified as a separate garment.

The outer jacket, style number 3150NV, is constructed of a woven 100% polyester fabric which has a visible polyurethane coating on the inner surface. The jacket has a full front opening secured by a double pull zipper closure as well as a secondary zipper for attaching the inner jacket. An overlapping flap with five snap closures covers the zipper area. The jacket has long hemmed sleeves, a pocket on the left sleeve that is secured by a flap with a snap closure, the logo “Cognisa” embroidered on the right sleeve and tabs secured by a hook and loop fastener at the wrist area. The garment also has a stand-up collar which is composed of a knit fleece fabric on the inner surface and has a contrasting color strip of fabric on the outer surface, contrasting color and reflective piping on the front and rear yokes, a left chest pocket with a flap secured by a snap closure, two slanted front pockets with zipper closures at the waist, an inner pocket with a hook and loop fastener and elastic tightening on each side of the bottom hem. The “Cognisa” logo is embroidered above the left chest pocket.

The inner jacket, style number 3151NV, is constructed of a shell composed of a 100% polyester finely knit fabric which is napped on the inside and outside surface. The garment is not lined. The jacket has a stand-up collar and a full front opening that is secured by a reversible zipper pull closure that extends to the top of the collar. The jacket has long sleeves with a double pencil pocket composed of a woven fabric on the left sleeve, elasticized cuffs, two slanted front pockets with zipper closures at the waist and an elasticized waistband. The garment features a contrasting color strip of fabric on the outer portion of the collar, and contrasting color and reflective piping on the shoulders and along the length of each sleeve. The “Cognisa” logo is embroidered onto the left chest and onto the right sleeve.

The applicable subheading for the outer jacket, style 3150NV, will be 6210.40.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: other men’s or boys’ garments: of man-made fibers: other anoraks (including ski-jackets), windbreakers and similar articles. The duty rate will be 7.1 percent ad valorem.

The applicable subheading for the inner jacket, style 3151NV, will be 6101.30.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for other 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. The duty rate will be 28.2 percent ad valorem.

Both jackets fall within textile category designation 634. Based upon international textile trade agreements products of China are presently subject to quota restraints and the requirement of a visa.

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 W. Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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