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NY L84498





September 30, 2005

CLA-2-61:RR:NC:TA:N3:356 L84498

CATEGORY: CLASSIFICATION

TARIFF NO.: 6101.30.2010; 6102.30.2010; 6103.43.1520; 6201.93.3000

Ms. Linda Rasco
Metro Customs Brokers
74 Lake Street, Suite 201
P.O. Box 55
Rouses Point, NY 12970-0055

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

Dear Ms. Rasco:

In your letter dated April 12, 2005, you requested a tariff classification ruling. Your ruling was delayed due to laboratory analysis. As requested, your samples will be returned.

Style “Gamma MX Jacket Women’s’’ is a women’s jacket constructed from a laminated fabric consisting of an outer layer of 72 percent nylon, 28 percent spandex, woven fabric bonded with polyurethane to an inner layer of 98.5 percent polyester, 1.5 percent spandex, finely knit, low pile velour fabric. The jacket features a stand-up collar; a full front opening with a zippered closure; long sleeves with self-fabric cuffs; two zippered slash pockets below the waist; a zippered pocket on the left sleeve; and a straight bottom with a drawcord and cordlocks. You state that you will import the same garment in men’s sizes as Style “Gamma MX Jacket Men’s.”

Style “Gamma MX Hoodie Men’s’’ is a men’s jacket constructed from a laminated fabric consisting of an outer layer of 72 percent nylon, 28 percent spandex woven fabric bonded with polyurethane to an inner layer of 98.5 percent polyester, 1.5 percent spandex, finely knit, low pile velour fabric. The jacket features a self-fabric hood with a drawcord and cordlocks; a full front opening with a zippered closure; long sleeves with self-fabric cuffs; two zippered chest pockets; two zippered slash pockets below the waist; a zippered pocket on the left sleeve; and a straight bottom with a drawcord and cordlocks.

Style “Gamma MX Pants Men’s’’ is a pair of men’s pants constructed from a laminated fabric consisting of an outer layer of 72 percent nylon, 28 percent spandex, woven fabric bonded with polyurethane to an inner layer of 98.5 percent polyester, 1.5 percent spandex, finely knit, low pile velour fabric. The pants feature a tunnel elastic waistband with two snap closures and an integral textile belt; a zippered fly; zippered quarter pockets at each side; patch pockets on each leg with a flap and a hook and loop closure; and hemmed legs.

Style “Gamma SV Jacket Men’s” is a men’s jacket constructed from a laminated fabric consisting of an outer layer of 67 percent nylon, 33 percent spandex woven fabric bonded with polyurethane to an inner layer of 56.9 percent polyester/spandex blend, 43.1 percent nylon, finely knit fabric. Based on analysis by the Customs laboratory, the fabric is non-pile. The jacket features a self-fabric stand-up collar; a full front opening with a zippered closure that extends to the top of the collar; long tapered sleeves; two zippered slash pockets extending from the yoke to above the waist; and a straight bottom with a drawcord and cordlocks.

Style “Easy Rider Jacket Men’s” is a men’s jacket constructed from a laminated fabric consisting of an outer layer of 100 percent nylon, woven fabric bonded with polyurethane to an inner layer of a 100 percent polyester, finely knit, high loft velour pile fabric. The jacket features a self-fabric stand-up collar; a full front opening with a zippered closure; long sleeves with contrasting color cuffs; a zippered pocket on the upper left chest; two zippered slash pockets below the waist; and a straight bottom with a drawcord and cordlocks.

Following Chapter 60, Note 1 (c), laminated knit pile fabric, whether laminated to a knit or to a woven fabric, is considered a knit fabric. Consequently, the applicable subheading for Styles Gamma MX Jacket Men’s, Gamma MX Hoodie Men’s, and Easy Rider Jacket Men’s 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 is 28.2 percent ad valorem.

The applicable subheading for Style Gamma MX Jacket Women’s will be 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 6104: of man-made fibers: other: women’s. The rate of duty is 28.2 percent ad valorem.

The applicable subheading for Style Gamma MX Pants Men’s 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 is 28.2 percent ad valorem.

In your letter you indicated that style Gamma SV Jacket Men’s complies with the tariff requirements for water resistance. We have not confirmed this through Customs laboratory testing; however, the Customs officer handling the transaction at the time of importation may choose to do so.

Based on the information you provided the applicable subheading for Style Gamma SV Jacket Men’s will be 6201.93.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s or boys’ anoraks (including ski-jackets), windbreakers and similar articles: of man-made fibers: other: water resistant. The rate of duty is 7.1 percent ad valorem.

Styles Gamma MX Jacket Men’s, Gamma MX Hoodie Men’s,’ Gamma SV Jacket Men’s, and Easy Rider Jacket Men’s fall within textile category designation 634. Style Gamma MX Jacket Women’s falls within textile category designation 635. Style Gamma MX Pants Men’s falls within textile category designation 647.

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.

You have not provided sufficient information for us to issue a ruling on the classification of the fabrics. For the fabric designated as style 9602 please provide the information requested below for the woven portion of the bonded fabric.

Information Required For The Classification Of Woven Fabrics Of Man-Made Fibers

Please provide the generic name of each fiber in the fabric and indicate its relative weight treating staple and filament fibers of the same generic fiber as separate materials. For example:

25% staple polyester
24% filament polyester
20% staple acrylic
21% filament polypropylene
10% staple polypropylene.

Provide the width of the fabric in centimeters.

Provide the weight of the fabric in grams per square meter.

Provide the number of single yarns per centimeter in the warp and the number of single yarns per centimeter in the filling.

Provide the yarn sizes in the warp and filling including the number of plies forming each yarn.

If containing filament yarns indicate whether the yarns are textured or non-textured.

If containing filament yarns specify whether yarns are high tenacity and if high tenacity indicate the tenacity in centinewtons per tex.

If containing staple yarns indicate whether the yarns are combed or carded.

Specify the weave employed in producing the fabric. For example: plain, twill, satin, jacquard, pique, dobby, lappet, etc.

Provide the number of turns per meter in each type of yarn present in the fabric.

Indicate the type of loom used to weave the fabric. For example dobby, jacquard etc.

Specify the trade name and style name and number by which the fabric is designated.

Indicate whether the fabric is unbleached, bleached, dyed, composed of yarns of different colors and/or printed.

For the knit portion of the bonded fabric please indicate the fiber content, the weight, whether the knit is of pile construction, whether the fabric is warp or weft knit and whether the fabric is of looped pile construction.

Please provide the same information for each of the other fabrics. That is to say styles 9654 and 7796.

When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

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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