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NY M81925




May 5, 2006

CLA-2-62:RR:NC:TA:357 M81925

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3511

Ms. Terry Pilant
Stonepath Logistics International Services 1930 6th Ave. So.
Seattle, WA 98134

RE: The tariff classification of a men’s knit and woven jacket from China

Dear Ms. Pilant:

In your letter dated April 3, 2006, on behalf of Jhane Barnes Menswear Inc., you requested a classification ruling. A sample was submitted and is being returned as you requested.

The item in question, style JBFS-0615, is a men’s knit and woven garment. The front and back panels are entirely of a 54% polyester/40% cotton/6% metallic woven fabric, while the sleeves and side panels are of a 100% wool knit sweater fabric. The jacket has long sleeves with rib knit cuffs, a full front opening secured by a double-pull zipper that extends to the top of the double-collar (woven on the exterior and knit on the interior), on-seam zippered pockets at the waist and a zippered pocket on the left chest. The woven shell fabric is quilted to a knit lining material.

In your letter you suggested classification as a knit jacket of man-made fibers containing 23% or more by weight of wool.

Section XI, subheading note 2 of the Harmonized Tariff Schedule of the United States (HTSUS) indicates:

(A) Products of chapters 56 to 63 containing two or more textile materials are to be regarded as consisting wholly of that textile material which would be selected under note 2 to this section

(B) For the application of this rule:

Where appropriate, only the part which determines the classification under general interpretative rule 3 shall be taken into account(.)

Section XI note 2 states that:

(A) Goods classifiable in chapters 50 to 55 or in heading 5809 or 5902 and of a mixture of two or more textile materials are to be classified as if consisting wholly of that one textile material which predominates by weight over each other single textile material.

Based on the fact that the entire front and back panels of this garment are of woven fabric, we do not consider the essential character to be knit. In accordance with the above rules, the wool portion is not considered in determining the garment’s chief weight. In addition, although the woven portion contains metalized yarns, examination of the sample reveals that the metalized yarn is separate from the polyester/cotton yarn. As such, the component fiber of chief weight is polyester.

The applicable subheading for the jacket will be 6201.93.3511, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other men’s anoraks (including ski-jackets), windbreakers and similar articles, of man-made fibers. The duty rate will be 27.7 percent 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/.

This jacket falls 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 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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