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NY L86691





September 2, 2005

CLA-2-62:RR:NC:WA:357 L86691

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020

Mr. Brandon Terrell
Gear For Sports
9700 Commerce Parkway
Lenexa, Kansas 66219

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

Dear Mr. Terrell:

In your letter dated August 5, 2005, you requested a classification ruling.

The sample submitted, style number SI2435, is a man’s hip-length pullover jacket constructed of a shell composed of a woven 100% polyester fabric which has a visible polyurethane coating on the inner surface. The jacket is lined with a knit mesh 100% polyester fabric.

The jacket has short sleeves, a stand-up collar with a partial front opening at the neck area that is secured by a zipper with a rubberized pull closure that features the “Sunice” tradename and logo, two side seam pockets at the waist and a drawcord tightening at the bottom hem. The “Sunice” tradename and logo is embroidered onto the left sleeve, a patch with the “Sunice” logo is on the rear yoke and a clear plastic label with the logo “Typhoon” is on the lower portion of the right side seam.

The sample is being returned to you as you have requested.

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

The 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 W. Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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