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NY L84235




May 16, 2005

CLA-2-61:RR:NC:TA:N3:356 L84235

CATEGORY: CLASSIFICATION

TARIFF NO.: 6101.30.2010

Ms. Sherrie Stevenson
FPA Customs Brokers, Inc.
152-31 134th Avenue
Jamaica, NY 11434-3505

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

Dear Ms. Stevenson:

In your letter dated April 22, 2005, you requested a tariff classification ruling on behalf of Whispering Smith Company, LLC. As requested, your sample will be returned.

Style MJK DENNIS is a men’s jacket constructed from a laminated fabric consisting of an outer layer of 100 percent polyester, faux suede fabric bonded to an inner layer of 100 percent polyester, knit pile fabric. The jacket features a self-fabric spread collar; a full front opening with a zippered closure; long sleeves with metal snaps at the cuffs; a zippered pocket on the left chest; two slash pockets below the waist; and a straight bottom with a tab and a hook and loop fastener at each side.

Following Chapter 60, Note 1(c), this bonded fabric is considered a knit fabric because of the knit pile component. Consequently, the applicable subheading for Style MJK DENNIS 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 percent ad valorem.

Style MJK DENNIS 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 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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