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NY L88997




December 13, 2005

CLA-2-62:RR:NC:TA:357 L88997

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.

The first item, style 51617, Boca Grande Jacket, is a men’s jacket with a shell made from a 100% nylon woven ripstop fabric visibly coated on the inner surface. It has a full front opening with a zipper closure extending to the top of the collar and covered by a double flap with hook and loop closures, an integral hood stored in the collar, slant, zippered pockets at the waist, a drawstring through the bottom hem, a mesh lining in the body and a taffeta-type lining in the sleeves, long sleeves with an adjustment tab secured by a hook and loop fastener, an inner cuff also secured by a tab with a hook and loop fastener, a sewn down vent in the back and a zippered inside storage pocket in the lower back.

The second item, style 61617, Boca Grande Pant, Is a pair of trousers made from the same material as style 51617, also visibly coated on the inner surface. The trousers are the pull-on type and have a fully elasticized waistband with an inner drawstring, on-seam zippered pockets, partially elasticized bottoms to the legs and gusseted lower legs with a vertical zipper opening and a tab with a hook and loop fastener at the bottom. This garment is lined in the body and upper legs with a mesh fabric and in the lower legs with a taffeta-type fabric.

Both items have taped and “welded” seams.

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/.

The jacket and trousers fall within textile category designations 634 and 647, respectively. 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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