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NY L82365




March 10, 2005

CLA-2-61:RR:NC:TA:353 L82365

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3060; 6211.33.0058

Mr. William S. Thomas
Miami Valley Worldwide, Inc.
1300 E. Third Street
Dayton, OH 45403

RE: The tariff classification of a motorcycle double jacket from Pakistan.

Dear Mr. Thomas:

In your letter received in this office February 7, 2005, you requested a classification ruling. The sample will be returned to you as requested.

The submitted sample, identified as “Summerly” is a motorcycle double jacket. The garment actually consists of two separate items. There is an exterior mesh shell made of knit 100% polyester fabric. It features long sleeves, a full front zippered opening, two front and two rear zippered pockets, and adjustable belts sewn to the waistband to provide for tightening at the waist. The outer jacket contains protective pads sewn into the length of the sleeves, at the shoulders and in the back of the jacket.

Your advertising literature states that motorcycle jacket has a liner. However, upon examination it has been determined that the inner garment has all the features of being worn as a separate garment. The garment is made of woven nylon fabric. The inside jacket has longs sleeves, snap tab closures at the wrists and a zipper and hook and loop flap closure with snap at the top.

The applicable subheading for the “Summerly” outer jacket will be 6114.30.3060, Harmonized Tariff Schedule of the United States (HTS), which provides for "Other garments, knitted or crocheted: Of man-made fibers: Other: Other: Men’s or boys’. The duty rate is 14.9% ad valorem.

 The applicable subheading for the “Summerly" inside jacket will be 6211.33.0058, Harmonized Tariff Schedule of the United States (HTS), which provides for "Track suits, other garments: Other garments, men’s or boys’: Of man-made fibers, Jackets and jacket-type garments excluded from heading 6201." The duty rate will be 16% ad valorem.

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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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