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NY M83824




June 28, 2006

CLA-2-62:RR:NC:TA:N3:356 M83824

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.33.2010; 6101.30.2010

Ms. Amber Horton
Element Skateboards, Inc.
121 Waterworks Way, Suite 100
Irvine, CA 92673

RE: The tariff classification of a men’s suit-type jacket and sweat jacket from China.

Dear Ms. Horton:

In your letter dated May 23, 2006, you requested a tariff classification ruling. As requested, your sample will be returned.

Style “Husky M739XHUS” is a men’s double jacket that consists of a suit-type jacket and a sweat jacket that can be worn together and attached by buttons at the nape of the neck and at the sleeve ends, or worn separately. Since each garment can be worn separately, they will be classified as separate garments.

The suit-type jacket of Style M739XHUS is constructed from 65% polyester, 35% wool, woven fabric with a full lining of 100% polyester, satin fabric. The jacket has six panels sewn together lengthwise and features a notched collar with lapels, a full front opening with three button closures, long hemmed sleeves with three buttons on the sleeve placket, elbow patches, an inset pocket on the left chest, two pockets with flaps below the waist, buttoned inner welt pockets, a back vent, and a hemmed bottom. There is a button at the inside rear neckline and on the sleeve ends that enable the suit-type jacket to be attached to loops on the sweat jacket.

The sweat jacket of Style M739XHUS is constructed from 65% polyester, 35% cotton, finely knit fabric that is napped on the inside surface. The garment has a lined hood with a drawstring, a full front zippered opening, long sleeves with rib knit cuffs, thumb holes on the cuffs, two pouch pockets below the waist, fabric loops at the outside rear neckline and on the sleeve cuffs, and a rib knit bottom.

The applicable subheading for the suit-type jacket of Style “Husky M739XHUS” will be 6203.33.2010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for men’s or boys’ . . . suit-type jackets and blazers: of synthetic fibers: other: men’s. The duty rate is 27.3% ad valorem.

The applicable subheading for the sweat jacket of Style “Husky M739XHUS” will be 6101.30.2010, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for: men’s or boys’ . . . 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/.

The suit-type jacket of Style “Husky M739XHUS” falls within textile category designation 633. The sweat jacket of Style “Husky M739XHUS” 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 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 Specialist Division


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