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NY K87102




July 8, 2004
CLA-2-:62:RR:NC:3:353 K87102

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.33.0058, 6113.00.9025

Ms. Anne Sarkar
BMW of North America
300 Chestnut Ridge Rd.
Woodcliff Lake NJ 07677-7731

RE: The tariff classification of a motor cycle double jacket from China.

Dear Ms. Sarkar:

In your letter dated June 11, 2004 you requested a classification ruling.

The submitted sample is a man’s double jacket designed for motorcycle riding. The outer jacket is composed of 100% woven nylon fabric with a non-visible PU coating. The garment has protective removable plastic inserts at the shoulders, elbows, forearms and back. The jacket has a full front flap snap, zipper closure that closes left over right and a stand-up collar with a snap closure. It also features two front flap pockets, two flap pockets at the back on the sides and a large flap pocket with at zipper at the back. All the pockets have hook and loop tape closures. The jacket is designed specifically for motorcycling and would not be worn for other occasions.

The inner jacket is made of a three-layer laminate consisting of two outer layers of flat knit fabric, and a center layer plastic, which is visible through the textile. It is designed with a stand-up collar, elastic and tab snap closures at the wrist and a full front snap closure. The garment can either be worn together with the outer jacket or separately.

You suggest classification 6210.40.5020 for the outer jacket. The garment is made of fabric that is not visibly coated with plastic. The fabric does not fall under heading 5903.

You suggest classification 6101.30.2010 for the inner jacket. The garment is made of fabric 5903, therefore it will be classified in 6113.

The applicable subheading for the BMW motorcycle outer jacket will be 6211.33.0058, Harmonized Tariff Schedule of the United States (HTS), which provides for "Track suits, other garments: Other garments, men’s or boys’: Of man-made fibers, Jackets and jacket-type garments excluded from heading 6201." The duty rate will be 16% ad valorem. The textile category designation is 634.

The applicable subheading for the BMW motorcycle inner jacket will be 6113.00.9025, Harmonized Tariff Schedule of the United States (HTS), which provides for 6113.00.9025, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907, coats and jackets, other than of cotton, men’s or boys’. The duty rate will be 7.1 percent ad valorem. The textile category designation is 634.

Based upon international textile trade agreements products of China are subject to quota 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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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