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NY K87928




August 16, 2004

CLA-2-61: RR:NC:TA:N3:356 K87928

CATEGORY: CLASSIFICATION

TARIFF NO.: 6101.30.2010

Mr. Patrick Pascarella
Viking Sea Air Freight Inc.
486 Sunrise Highway
Rockville Centre, NY 11570

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

Dear Mr. Pascarella:

In your letter dated July 7, 2004, you requested a tariff classification ruling on behalf of Presidio Inc.

Style MM6K017 is a men’s jacket constructed from a laminated fabric consisting of an outer layer of 100 percent polyester, faux leather that is bonded to an inner layer of 85 percent acrylic, 15 percent polyester, finely knit pile fabric. Style MM6K017 features a full front opening with a zippered closure; a self-fabric stand up collar with two metal buckle closures; long sleeves with zippered closures at the wrists; slash pockets below the waist; reverse hems at the cuffs and at the bottom of the jacket; and a straight bottom with adjustable metal buckles and straps at each side.

Following Chapter 60, Note 1 (c), the laminated fabric is considered a knit fabric because of the knit pile component. Consequently, the applicable subheading for Style MM6K017 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 MM6K017 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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