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NY M81851




April 14, 2006

CLA-2-61:RR:NC:3:353 M81851

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3054, 6110.30.3059, 6211.43.0007, 6202.93.5011

Mr. Brian Stacy
Affiliated Customs Brokers USA Inc.
155 12th Street, Suite 102
Blaine, WA 98230

RE: The tariff classification of thermal management system from China.

Dear Mr. Stacy:

In your letter dated April 4, 2006, on behalf of White’s Manufacturing, you requested a classification ruling. As requested, the samples will be returned to you.

The submitted sample, which you call an MK Undergarment System, consists of a Glacier MK1 Ultralight John, Glacier MK1 Long Sleeve T, Glacier MK2 Base John with removable sleeves, and Glacier MK2 Jacket with removable sleeves. All garments can be worn in conjunction with a dry suit.

The Glacier MK1 Ultralight John is a unisex garment constructed of knit 100% polypropylene microfleece fabric. The sleeveless jumpsuit features a self-fabric arm, neck and ankle openings, a full front zipper closure, seamless gusseted crotch, rear convenience flap and spandex feet stirrups. The garment can be worn alone for warm dive conditions.

The Glacier MK1 Long Sleeve T is a unisex garment constructed of knit 100% polypropylene microfleece fabric. The long-sleeve pullover features self-fabric collar, cuff and bottom openings. The garment can be worn alone for warm dive conditions.

The Glacier MK2 Base John with removable sleeves is a unisex garment constructed of a combination of taslon 100% woven nylon fabric and knit 100% polypropylene polar fleece fabric. The jumpsuit features polar fleece lining of the woven fabric portion of the garment, two-way stretch panels at the waist and knees, a full front zipper closure, rear convenience flap with a zipper closure, two zippered vertical chest pockets and two hand warming pockets. In addition to being worn in conjunction with a dry suit, the jacket can be worn as après-dive wear.

The Glacier MK2 Base Jacket with removable sleeves is a unisex garment constructed of a combination of taslon 100% woven nylon fabric and knit 100% polypropylene polar fleece fabric. The jacket features polar fleece lining of the woven fabric portion of the garment, a removable hood, stand-up collar, full front zipper closure, elasticized waistband, two zippered vertical chest pockets and two hand-warming pockets. In addition to being worn in conjunction with a dry suit, the jacket can be worn as après-dive wear.

Regarding the Glacier MK2 Base John with removable sleeves and Glacier MK2 Jacket with removable sleeves, neither the knit portion of the garment classifiable under heading 6114 (John)/6102 (Jacket), or the woven portion of the garment classifiable under heading 6211 (John)/6202 (Jacket), imparts the essential character to the garment. Following General Rule of Interpretation (GRI) 3(c), the garment will be classified under the heading which occurs last in numerical order in the HTS.

The applicable subheading for the Glacier MK1 Ultralight John will be 6114.30.3054, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other garments, knitted or crocheted, of man-made fibers: other, coveralls, jumpsuits and similar apparel: women’s or girls’: other. The duty rate will be 14.9 percent ad valorem. The textile category designation is 659.

The applicable subheading for the Glacier MK1 Long Sleeve T will be 6110.30.3059, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: other: other: other, other: other: women’s or girls’: other. The duty rate will be 32 percent ad valorem. The textile category designation is 639.

The applicable subheading for the Glacier MK2 Base John with removable sleeves will be 6211.43.0007, Harmonized Tariff Schedule of the United States (HTSUS), which provides for track suits, ski-suits, and swimwear; other garments: other garments, women’s or girls’: of man-made fibers, coveralls, jumpsuits and similar apparel: other, insulated for cold weather protection. The duty rate will be 16 percent ad valorem. The textile category designation is 659.

The applicable subheading for the Glacier MK2 Base Jacket with removable sleeves will be 6202.93.5011, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets), other than those of heading 6204: anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets: of man-made fibers: other: other: other: other, women’s. The duty rate will be 27,7 percent ad valorem. The textile category designation is 635.

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/.

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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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