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NY M81707





March 30, 2006

CLA-2-61:RR:NC:TA:N3:356 M81707

CATEGORY: CLASSIFICATION

TARIFF NO.: 6101.20.0010; 6101.30.2010

Ms. Tonya Whiteis, NRA-2
Nike, Inc.
One Bowerman Drive
Beaverton, OR 97005-6453

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

Dear Ms. Whiteis:

In your letter dated February 10, 2006, you requested a tariff classification ruling. As requested, your samples will be returned.

Style 128182 “Men’s Nike Air Fleece Jacket” is a men’s jacket constructed from 90% cotton 10% polyester, finely knit French terry fabric. The jacket features a full front opening with a zippered closure; a zip-through rib knit mock turtleneck collar; long, raglan sleeves with rib knit cuffs; rib knit side panels; appliques on the front and rear panels; two pouch pockets below the waist; and a rib knit bottom. You state that the same garment will be imported as Styles 145429 and 145430 with different embellishments on the main body.

Style 128183 “Men’s Nike Air Hooded Full Zip Jacket” is a men’s jacket constructed from 90% cotton 10% polyester, finely knit French terry fabric. The jacket features a self-fabric hood; a full front opening with a zippered closure; a zip-through rib knit mock turtleneck collar; long, raglan sleeves with rib knit cuffs; two pouch pockets below the waist; rib knit side panels; embroidery and appliques on the front and rear panels; and a rib knit bottom. You state that the same garment will be imported as Styles 145432 and 145433 with different embellishments on the main body.

Style 138508 “Men’s Arrows Track Jacket” is a men’s jacket constructed from 100% polyester, finely knit fabric that is brushed on the inside surface. The jacket features a full front opening with a zippered closure; a zip-through rib knit mock turtleneck collar; embroidery and screen printing on the front and rear panels; long sleeves with rib knit cuffs; inset pockets below the waist; and a rib knit bottom. You state that the same garment will be imported as Styles 138507 and 138509 with different embellishments on the main body.

The applicable subheading for Styles 128182, 145429, 145430, 128183, 145432 and 145433 will be 6101.20.0010, 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 cotton: men’s. The rate of duty is 15.9% ad valorem.

The applicable subheading for Styles 138507, 138508 and 138509 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.

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/.

Styles 128182, 145429, 145430, 128183, 145432 and 145433 fall within textile category designation 334. Styles 138507, 138508 and 138509 fall 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 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,
National Commodity

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