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NY L80306





November 17, 2004
CLA-2-61:RR:NC:TA:N3:356 L80306

CATEGORY: CLASSIFICATION

TARIFF NO.: 6101.30.2010; 6102.30.2010; 6110.30.3035; 6110.30.3050

Ms. Judy Kelly
Patagonia, Inc.
Production Office
259 West Santa Clara Street
Ventura, CA 93001

RE: The tariff classification of men’s and womens’ knit garments from Colombia and Costa Rica.

Dear Ms. Kelly:

In you letter dated October 12, 2004, you requested a tariff classification ruling. As requested, your samples will be returned.

Style 25134 is a men’s garment constructed from 100% polyester, finely knit pile fabric that measures 16 stitches per two centimeters counted in the horizontal direction. Style 25134 features a stand-up collar, a full front opening with a zipper closure, long hemmed sleeves, contrasting knit fabric inserts on the sleeve underarms and the front panels, a zippered pocket on the upper portion of the left front panel, zippered slash pockets below the waist, and a straight hemmed bottom.

Style 25275 is a men’s jacket constructed from 100% polyester, finely knit pile fabric that is napped on the inside surface. Style 25275 fits close to the body and has a double layer of pile fabric on the front panels. The garment features a stand-up collar, a full front opening with a zipper closure, long tapered sleeves with self-fabric cuffs, zippered inset pockets on the upper chest, vertical inset pockets below the waist, and a straight bottom.

Style 29801 is a men’s jacket constructed from 100% polyester, finely knit pile fabric that is napped on the inside surface. Style 29801 features a self-fabric hood with an elastic drawcord and cord locks, a full front opening with a zipper closure, long tapered sleeves, pouch pockets below the waist, an inner zippered pocket on the left front panel, and a straight bottom with a drawcord and cordlocks.

Style 27295 is identified as a woman’s windproof vest. The garment is made of 100% polyester laminated fabric; the inner fabric is a knit fleece and the outer fabric is also a knit fabric. The garment features oversized armholes, a mock neck, a full front zippered opening, two front zippered pockets and a hemmed bottom.

Style 25342 is identified as a woman’s windproof jacket. The garment is made of 100% polyester laminated fabric; the inner fabric is a knit fleece and the outer fabric is also a knit fabric. The garment features a full front zippered opening, two front zippered pockets, a mock neck, long sleeves, which are hemmed, and a hemmed bottom.

The applicable subheading for Styles 25275 and 29801 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 is 28.2% ad valorem.

The applicable subheading for Style 25342 will be 6102.30.2010, 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 6104: of man-made fibers: other: other: women’s. The rate of duty is 28.2% ad valorem.

The applicable subheading for Style 27295 will be 6110.30.3035, Harmonized Tariff Schedule of the United States, (HTS), which provides for: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: vests, other than sweater vests: women’s or girls’. The rate of duty is 32% ad valorem.

The applicable subheading for Style 25134 will be 6110.30.3050, Harmonized Tariff Schedule of the United States, (HTS), which provides for: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: men's or boys'. The rate of duty is 32% ad valorem.

Styles 25275 and 29801 fall within textile category designation 634. Style 25342 falls within textile category designation 635. Style 27295 falls within textile category designation 659. Style 25134 falls within textile category designation 638. Based upon international textile trade agreements, products of Colombia are subject to a visa requirement; products of Costa Rica are not presently subject to visa requirements or 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

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