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NY L87375




September 12, 2005

CLA-2-62:RR:NC:WA:357 L87375

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.9030

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

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

Dear Mr. Terrell:

In your letter dated August 15, 2005, you requested a classification ruling.

The sample submitted, style number SI2459, is a woman’s hip-length pullover jacket constructed of a shell composed of a finely knit mesh 100% polyester fabric which has a visible polyurethane lamination on the inner surface. The jacket is lined with a knit 100% polyester tricot fabric.

The jacket is slightly fitted at the waist and has a stand-up collar with a partial front opening at the neck area that is secured by a zipper closure. The jacket has long sleeves with a zipper opening at the wrist area, a zipper opening on the inner portion of the jacket between the placket shell fabric and the lining fabric, a hand warmer pocket with side zipper closures on the lower portion of the front panel, a zipper opening on the left side seam and a drawcord tightening through the bottom hem. The “Sunice” logo is on the lower portion of the left sleeve and on the rear yoke, and a clear plastic label with the logo “Typhoon” is on the right side seam.

The applicable subheading for the jacket will be 6113.00.9030, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: other: coats and jackets: other: women’s or girls’. The duty rate will be 7.1 percent ad valorem.

The jacket falls within textile category designation 635. 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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