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NY L87684




October 6, 2005

CLA-2-61:RR:NC:TA:359 L87684

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3050; 6106.20.2010; 6102.30.2010; 6110.30.3055

Mr. Tony Ferguson
Patagonia, Inc.
259 West Santa Clara Street
Ventura, CA 93001

RE: The tariff classification of five knit garments from various countries

Dear Mr. Ferguson:

In your letter dated September 14, 2005, you requested a tariff classification ruling. You submitted five samples that are being returned as requested.

Style number 26222 is a man’s pullover that is constructed from 100% polyester fleece, knit fabric. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the horizontal direction. The pullover features a hood, long hemmed sleeves, a front kangaroo pocket in the waist area, and a hemmed bottom. “Patagonia” is embroidered on the front left bottom. The country of origin is Mexico.

Style number 26296 is a woman’s shirt that is constructed from 100% polyester fleece, knit fabric. The outer surface of the garment measures 10 or more stitches per linear centimeter in the horizontal and vertical directions. The garment features a stand-up collar, long hemmed sleeves, a partial front opening with a zipper closure, and a hemmed bottom. A “Patagonia” fabric label is sewn on the back on the bottom right. The country of origin is Colombia.

Style number 26317 is a woman’s jacket that is constructed from 100% polyester, knit pile fabric. The jacket is normally worn over other garments for warmth and protection from the elements and features the following: a hood; long hemmed sleeves; a full front opening with a zipper closure; 2 front slant zippered pockets in the waist area; and a hemmed bottom. The outer surface of the garment is brushed. The inner surface is sherpa-like. The hood, the sleeve cuffs and the bottom are finished with the sherpa-like fabric. The country of origin is Costa Rica.

Style number 25440 is a woman’s pullover that is constructed from 100% polyester knit pile fabric. The outer surface of the pullover measures more than 9 stitches per 2 centimeters in the horizontal direction. The garment features a stand-up collar with 3 snap closures, long sleeves, a right chest pocket with a woven flap, and a front kangaroo pocket in the waist area. The sleeve openings and the bottom of the garment are finished with knit capping. A “Patagonia” fabric label is sewn on the front right upper chest. The country of origin is Costa Rica.

Style number 27283 is a woman’s jacket that is constructed from 100% polyester, knit pile fabric. The jacket is normally worn over other garments for warmth and protection from the elements and features the following: a stand-up collar; long sleeves; a full front opening with a zipper closure; a vertical zippered pocket on the left chest; 2 front flap pockets in the waist area; and a hemmed bottom. The outer surface of the jacket is brushed. The inner surface is sherpa-like. The collar and the sleeve cuffs are finished with the sherpa-like fabric. The country of origin is Columbia.

The applicable subheading for style 26222, the man’s pullover, will be 6110.30.3050, Harmonized Tariff Schedule of the United States (HTS), which provides for pullovers, knitted: of man made fibers: otherother: men’s. The rate of duty will be 32% ad valorem.

The applicable subheading for style 26296, the shirt, will be 6106.20.2010, HTS, which provides for women’s shirts, knitted: of man made fibers: other: women’s. The rate of duty will be 32% ad valorem.

The applicable subheading for styles 26317 and 27283, the jackets, will be 6102.30.2010, HTS, which provides for women’s overcoats, carcoatsand similar articles, knitted, other than those of heading 6104: of man made fibers: other: other: women’s. The rate of duty will be 28.2% ad valorem.

The applicable subheading for style 25440, the woman’s pullover, will be 6110.30.3055, HTS, which provides for pullovers, knitted: of man made fibers: otherother: women’s. The rate of duty will be 32% ad valorem.

Style 26222 falls within textile category designation 638. Styles 26296 and 25440 fall within textile category designation 639. Styles 26317 and 27283 fall 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 Camille R. Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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