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NY L88998




December 12, 2005

CLA-2-62:RR:NC:TA:357 L88998

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020; 6210.40.5039

Ms. Maryellen West
The Folsom Corp.
43 McKee Drive
Box 616
Mahwah, NJ 07430

RE: The tariff classification of men’s jackets and trousers from China

Dear Ms. West:

In your letter dated November 22, 2005, you requested a classification ruling. Samples were submitted and are being returned as you requested.

Style WW51632 is a men’s jacket with a shell made from a 100% nylon woven fabric with a visible, waterproof PU (polyurethane) coating on the inner surface. The jacket has a full front opening with a zipper that extends to the top of the collar and is covered by a flap with six snaps, long sleeves with elastic and a tab with a hook and loop fastener at the ends, a tunneled drawstring through the bottom hem, slant pockets at the waist, a detachable hood with a drawstring, a back yoke secured by hook and loop closures and a full mesh lining in the body, sleeves and hood. The left chest and the back have a logo “World Wide Sportsman” with a fish and tackle image.

The second item, style WW61632, is a pair of trousers made of the same material as the jacket and also with a full mesh lining. The pants are the pull-on type and have an elasticized waistband with an inner drawstring. This garment has one patch pocket in the left rear with a flap secured by a hook and loop closure and bearing the “World Wide Sportsman” logo with a fish and tackle image. The legs have hemmed bottoms.

Both items are indicated to have seams that are taped and “welded” with waterproof tape.

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

The applicable subheading for the trousers will be 6210.40.5039, Harmonized Tariff Schedule of the United States (HTSUSA), which provides for other men’s or boys’ garments made up of fabric of heading 5602, 5603, 5903, 5906 or 5907, of man-made fibers, other trousers, breeches and shorts. The duty rate will be 7.1 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUSA and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This jacket falls within textile category designation 634. The trousers fall within textile category designation 647. 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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