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NY L85244




June 22, 2005

CLA-2-61:RR:NC:TA:N3:356 L85244

CATEGORY: CLASSIFICATION

TARIFF NO.: 6101.20.0010; 6103.42.1020

Ms. Yvonne M. Whitley
The Millwork Trading Company, Ltd.
1372 Broadway, Second Floor
New York, NY 10018

RE: The tariff classification of a men’s knit jacket and a pair of pants from Vietnam.

Dear Ms. Whitley:

In your letter dated May 25, 2005, you requested a tariff classification ruling on behalf of Avirex. As requested, your samples will be returned.

Style F05-35601 consists of a men’s jacket and a pair of pants. The garments are constructed from 100 percent cotton, finely knit velour fabric. The jacket features a self-fabric stand-up collar; a full front opening with a zipper closure; embroidered logos on the left chest and on the back panel; long sleeves with tunnel elastic cuffs; slant pockets below the waist; a half moon at the rear neckline; and a close fitting, self fabric bottom band. The pants feature a tunnel elastic waistband with an outer drawstring; side seam pockets; a rear right patch pocket with a hook and loop closure; embroidered logos on the left leg and rear pocket; zippers at the ankles; and tunnel elastic at the bottom of the legs.

Although you identify Style F05-35601 as a track suit, items classified as track suits must be clearly meant to be worn exclusively or mainly in the pursuit of athletic activities. Velour fabric is not considered suitable for athletic activity. Consequently, the applicable subheading for the jacket of Style F05-35601 will be 6101.20.0010, 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 cotton: men’s. The rate of duty is 15.9 percent ad valorem.

The applicable subheading for the pants of Style F05-35601 will be 6103.42.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s and boys’ trousers, breeches and shorts, knitted or crocheted: of cotton: trousers, men’s. The rate of duty will be 16.1 percent ad valorem.

The jacket of Style F05-35601 falls within textile category designation 334. The pants of Style F05-35601 fall within textile category designation 347. 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

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