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NY L85781




July 21, 2005

CLA-2-62:RR:NC:TA:357 L85781

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020

Mr. Jeffrey O. Gregory
Design Resources Inc.
8900 State Line Road
Leawood, KS 66206

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

Dear Mr. Gregory:

In your letter dated June 17, 2005, you requested a classification ruling. A sample was submitted and is being returned as you requested.

The item in question, style J5-076, is made from a fabric described as a 100% polyester four-way stretch woven fabric bonded to a 100% polyester mesh, waterproof/breathable lamination.

The jacket has a full front opening secured by a zipper that extends to the top of the collar. It has long sleeves with cuffs and zippered pockets at the waist and on the left sleeve. Examination of the fabric reveals that the plastic center layer is visible through the knit inner fabric.

The applicable subheading for the jacket will be 6210.40.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s or boys’ garments of man-made fibers, made up of fabrics of heading 5602, 5603, 5903, 5906, 5907: anoraks (including ski-jackets), windbreakers and similar articles. The duty rate will be 7.1 percent ad valorem.

This jacket 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 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 William Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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