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NY K86325




June 21, 2004
CLA-2-61:RR:NC:TA:N3:356 K86325

CATEGORY: CLASSIFICATION

TARIFF NO.: 6101.30.2010; 6103.43.1520

Mr. Charles Spoto
Alba Wheels Up International, Inc.
150-30 132nd Avenue, Suite 208
Jamaica, NY 11434

RE: The tariff classification of a men’s knit jacket and a pair of pants from Vietnam.

Dear Mr. Spoto:

In your letter dated May 27, 2004, you requested a tariff classification ruling on behalf of Sino Best, Inc. As requested, your samples will be returned.

Style 356 consists of a men’s jacket and a pair of pants. The garments are constructed from 100 percent polyester, finely knit velour fabric. The jacket features a self-fabric stand-up collar; a full front opening with a zipper closure; long sleeves with rib knit cuffs; side seam pockets below the waist; and a rib knit waistband. The pants feature a tunnel elastic waistband with an inner drawcord; side seam pockets; two rear pockets with buttoned closures; and tunnel elastic at the ankles.

Although the jacket and the pants are packaged together, Style 356 is not considered a track suit because the velour fabric is not suitable for athletic activity.

Consequently, the applicable subheading for the jacket of Style 356 will be 6101.30.2010, Harmonized Tariff Schedule of the United States, (HTS), which provides for: men’s or boys’ 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 percent ad valorem.

The applicable subheading for the pants of Style 356 will be 6103.43.1520, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s and boys’ trousers, breeches and shorts, knitted or crocheted: of synthetic fibers: trousers men’s. The rate of duty will be 28.2 percent ad valorem

The jacket of Style 356 falls within textile category designation 634. The pants of Style 356 fall within textile category designation 647. Based upon international textile trade agreements, products of Vietnam that fall within quota category 634 are not presently subject to visa requirements or quota restraints. Products of Vietnam that fall within quota category 647 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,
National Commodity

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