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NY M84315





July 18, 2006

CLA-2-61:RR:NC:TA:N3:356 M84315

CATEGORY: CLASSIFICATION

TARIFF NO.: 6101.30.2010

Ms. Pamela Pinter
Big Apple Customs Brokers, Inc.
151-02 132nd Avenue
Jamaica, New York 11434

RE: The tariff classification of a man’s knit jacket from China

Dear Ms. Pinter:

In your letter dated June 12, 2006, you requested a classification ruling on behalf of Excelled Sheepskin and Leather Coat Corp. The sample is being returned to you.

Style CX4058SHX is a man’s hip-length jacket constructed of a three layer fabric consisting of one layer on the outer surface composed of a woven 100% polyester suede fabric and one layer on the inner surface composed of a knit pile 70% acrylic/30% polyester fabric which are bonded together with a thermoplastic polyurethane in between. The jacket has a pointed collar, a full front opening secured by a zipper closure, long sleeves with a vent opening at the wrist area that is secured by an adjustable snap closure on the cuffs, two double entry front pockets below the waist, an inner pocket with a hook and loop fastener, and a straight cut bottom.

Following Chapter 60, Note 1(c), laminated knit pile fabric, whether laminated to a knit or to a woven fabric, is considered a knit fabric. Consequently, the applicable subheading for Style CX4058SHX will be 6101.30.2010, Harmonized Tariff Schedule of the United States (HTSUS) which provides for 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 duty rate will be 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/.

Style CX4058SHX 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 Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski
Director,

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