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NY L87377




September 12, 2005

CLA-2-62:RR:NC:WA:357 L87377

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.9025

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

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

Dear Mr. Terrell:

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

The sample submitted, style number SI2201, is a man’s hip-length jacket constructed of a shell composed of a finely knit 100% polyester fabric that has a visible polyurethane coating on the inner surface. The jacket is lined with a knit tricot 100% polyester fabric.

The jacket has a full front opening secured by a zipper closure and a stand-up collar. The jacket also has a zippered pocket on the right chest, two front pockets with zipper closures at the waist, a bungee cord tightening inside the two front pockets used for a better fit on each side of the waist area, an inner pocket with a hook and loop fastener, a free-hanging rear yoke and a drawcord tightening through the bottom hem. The garment has long sleeves that feature an insert on the lower portion of each sleeve composed of one layer of a knit nylon fabric on the outer surface and a layer of a knit nylon fabric on the inner surface with a neoprene rubber in between, and a tab secured by a hook and loop fastener at the wrist area.

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

In your letter you suggested classification for this garment under HTS 6210.40.5020, which is the classification for a garment composed of a woven shell fabric with a visible coating. This jacket is constructed of a knit shell fabric, therefore classification under HTS 6210 does not apply.

The applicable subheading for the jacket will be 6113.00.9025, 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: Men’s or boys’. 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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