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NY K88760




August 27, 2004
CLA-2-61:RR:NC:TA:357 K88760

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.9025

Mr. Brian Bernarding
Dick’s Sporting Goods
300 Industry Drive
RIDC Park West
Pittsburgh, PA 15275

RE: The tariff classification of a men’s 3-in-1 parka set from Vietnam

Dear Mr. Bernarding:

In your letter dated August 16, 2004, you requested a classification ruling. Samples were submitted and are being returned as you requested.

The merchandise in question, style MHA00104, is a men’s double jacket set. Both jackets have a shell fabric described as 100% polyester tricot warp knit fabric with a polyurethane lamination on the inner surface. This fabric is brushed and bears a camouflage print design. The jackets are joined to each other with tabs and along the front panels with zipper halves, which also serve as the front closure of the inner jacket.

The outer jacket is upper thigh-length with a zipper closure that extends to the top of the collar. It has long sleeves with hook and loop tabs on the cuffs, a storm flap with snaps, horizontal and vertical opening zippered pockets on the lower front, an elasticized drawstring at the bottom hem, a self-fabric removable hood with a drawstring and chin guard, a woven nylon lining and an inner chest pocket with a zipper closure. It has an interlining labeled Thinsulate™.

The inner jacket is hip-length and has an elasticized waistband, a full front opening with a zipper closure, slant pockets at the waist, an inner chest pocket, elasticized cuffs and a woven nylon lining diamond-quilted to a nonwoven insulation.

In your letter you stated that the shell fabric is identical to that of the subject of ruling K84850, in which the Customs laboratory determined that the fabric was not of knit pile construction. Based on this information, the applicable subheading for the two jackets of style MHA00104 will be 6113.00.9025, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s or boys’ coats and jackets, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907, other than of cotton. The duty rate will be 7.1 percent ad valorem.

These jackets fall within textile category designation 634. Based upon international textile trade agreements products of Vietnam are not currently subject to quota or 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 William Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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