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NY M80744




February 23, 2006

CLA-2-61:RR:NC:TA:N3:356 M80744

CATEGORY: CLASSIFICATION

TARIFF NO.: 6101.30.2010; 6110.30.3053

Mr. Ron Sachs
Jacob Ash Holdings, Inc.
301 Munson Avenue
McKees Rocks, PA 15136

RE: The tariff classification of men’s knit garments from China.

Dear Mr. Sachs:

In your letter dated January 26, 2006, you requested a tariff classification ruling for Styles 36-832, 36-833 and 36-810. We are unable to issue a ruling for Style 36-810 as it has been sent to our laboratory for fabric analysis. You will receive a ruling for Style 36-810 after the laboratory has forwarded its report to us. As requested, your samples of Styles 36-832 and 36-833 will be returned.

Style 36-832 is a men‘s jacket constructed from 100% polyester, finely knit pile fabric that is bonded to a breathable, plastic membrane. Style 36-832 features a self-fabric hood with a drawcord and cordlocks; a full front opening with a zippered closure; long, tapered sleeves; a full, sewn-in lining of 100% polyester mesh knit fabric; pouch pockets below the waist; and a straight bottom with a drawcord and cordlocks.

Style 36-833 is a men‘s pullover garment constructed from 100% polyester, finely knit pile fabric that is bonded to a breathable, plastic membrane. Style 36-833 features a self-fabric hood with a drawcord and cordlocks; a partial front opening with a zippered closure; long, tapered sleeves; a full, sewn-in lining of 100% polyester mesh knit fabric; a pouch pocket below the waist; and a straight bottom with a drawcord and cordlocks.

The applicable subheading for Style 36-832 will be 6101.30.2010, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for: men’s or boys’ overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers, and similar articles, knitted or crocheted: other than those of heading 6103: of man-made fibers: other: other: men’s. The rate of duty is 28.2% ad valorem.

The applicable subheading for Style 36-833 will be 6110.30.3053, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: other: other: men’s or boys’: other. The rate of duty is 32% ad valorem.

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

Style 36-832 falls within textile category designation 634. Style 36-833 falls within textile category designation 638. 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 this ruling letter 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 this ruling, contact National Import Specialist Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski
Director,

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