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NY L83386




June 22, 2005

CLA-2-61:RR:NC:TA:N3:356 L83386

CATEGORY: CLASSIFICATION

TARIFF NO.: 6101.30.2010; 6102.30.2010

Ms. Johnna L. Berry
AKA International, Inc.
1200 South 192nd Street, Suite 103
Seattle, WA 98148

RE: The tariff classification of men’s and women’s knit jackets from China.

Dear Ms. Berry:

In your letter dated March 9, 2005, you requested a tariff classification ruling on behalf of Youngone Corporation. The classification of Styles 42202 and 42205 was delayed due to laboratory analysis. That analysis has now been completed. As requested, your sample will be returned.

Style 42202 is a men’s jacket. The garment features a self-fabric stand-up collar; a full front opening with a zippered closure; long, tapered sleeves; two zippered pockets below the waist; two zippered inner pockets; a bellows pocket with a flap and hook and loop closure on the left inner pocket; and a straight bottom with a drawcord and cordlocks. You state that the same garment will be imported in women’s sizes as Style 42205.

Styles 42202 and 42205 are constructed from a laminated fabric consisting of 94 percent polyester, 6 percent spandex, woven fabric that is bonded to a middle layer of a polyurethane film and an inner layer of 100 percent polyester, brushed knit fabric. The Customs laboratory analysis states that the brushed knit side of the laminated fabric is of weft knit pile construction. In your letter, you suggest classification for Style 42202 in 6210.20.3000 or 6201.93.3000, HTSUS, and for Style 42205 in 6210.30.3000 or 6202.92.4500, HTSUS. Following Chapter 60, Note 1 (c), however, laminated knit pile fabrics, whether they are laminated to a knit or to a woven fabric, are considered knit fabrics. Consequently, Styles 42202 and 42205 are considered knit garments. In addition, because the garments are of knit construction and classified in the knit provisions, classification as water resistant garments is not available.

Style 42202 is properly classified under subheading 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.

Style 42205 is properly classified under subheading 6102.30.2010, Harmonized Tariff Schedule of the United States, (HTS), which provides for: women’s or girls’ 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: women’s. The rate of duty is 28.2 percent ad valorem.

Style 42202 falls within textile category designation 634. Style 42205 falls within textile category designation 635. 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 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 Specialist Division


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