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NY K88725




September 10, 2004

CLA-2-61: RR:NC:TA:356 K88725

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 laminated pile jacket and coat from China.

Dear Mr. Pascarella:

In your letter dated August 16, 2004, you requested a tariff classification ruling on behalf of Presidio International, Inc. As requested, your samples will be returned.

Style N6K832TE is a men’s jacket constructed from a laminated fabric consisting of an outer layer of 100 percent polyester, faux suede fabric that is bonded to an inner layer of 50 percent acrylic, 50 percent polyester, finely knit pile fabric. Style N6K832TE features a self-fabric zippered hood; a full front opening with a zippered closure; a storm flap with six button and loop closures; double entry patch pockets below the waist with a flap and a snap closure; long sleeves with fold-over cuffs; and a rib knit bottom.

Style N6K800TE is a men’s coat constructed from a laminated fabric consisting of an outer layer of 100 percent polyester, faux suede fabric that is bonded to an inner layer of 85 percent acrylic, 15 percent polyester, finely knit pile fabric. Style N6K800TE features a self-fabric spread collar with notched lapels; a full front opening with four button closures; patch pockets with flaps and buttoned closures below the waist; long sleeves with fold-over cuffs; and a straight bottom.

Following Chapter 60, Note 1 (c), the laminated faux suede fabric is considered a knit fabric because of the knit pile component. Consequently, the applicable subheading for Styles N6K832TE and N6K800TE 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.

Styles N6K832TE and N6K800TE fall 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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