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NY L81213




April 13, 2005

CLA-2-61:RR:NC:N3:357 L81213

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.9025

Mr. Brian Kavanaugh
Deringer Logistics Consulting Group
1 Lincoln Blvd.
Rouses Point, NY 12979

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

Dear Mr. Kavanaugh:

In your letter dated December 5, 2004, on behalf of Groupe Sportchief, Marieville, PQ Canada, you requested a classification ruling. Two samples were submitted, one of which was previously returned to you. The other is being returned with this reply. Our response was delayed due to laboratory analysis.

The item under consideration, style S-1260, is a men’s parka with a full front opening secured by a zipper closure. It has zippered pockets at the waist, an elasticized drawstring through the bottom hem, a zip-off hood and a standup collar with snaps. The sleeve ends have a series of adjustable straps and light padding which appear to assist the bow hunter. The shell is made from a brushed warp knit coated fabric that was determined by our laboratory to be of non-pile construction. This fabric is laminated to a waterproof, breathable membrane on its inner surface and is printed on its outer surface with a camouflage design. The jacket is fully lined with a bonded fabric known as Scent-Lok®, which consists of a knit layer against the body and a nonwoven backing layer impregnated with activated carbon particles designed to absorb body odor and thereby help to conceal the wearer while bow hunting.

This jacket is classifiable based on the knit shell fabric, which creates the garment and also provides waterproof protection against the elements.

You suggested classification in HTS subheading 6113.00.10, which contains a two-part standard for inclusion: the coated portion must be on the outer surface, and it must completely obscure the underlying fabric. Neither of these conditions is met in this case.

The applicable subheading for this hunting jacket will be 6113.00.9025, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907, coats and jackets, other than of cotton, men’s or boys’. The duty rate will be 7.1 percent ad valorem.

This hunting jacket falls within textile category designation 634. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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