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NY M85734




August 31, 2006

CLA-2-62:RR:NC:WA:357 M85734

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3511; 6110.20.2069

Mr. Robert Ryan
Diversified Freight Logistics, Inc.
P.O. Box 610629
Dallas Fort Worth Airport, Texas 75261-0629

RE: The tariff classification of a men’s jacket and a men’s pullover garment from China, Honduras, Guatemala, Nicaragua, Belize and Sri Lanka

Dear Mr. Ryan:

In your letter dated July 8, 2006, on behalf of Williamson Dickie Manufacturing, you requested a classification ruling. Your samples are being returned to you as you have requested.

Two samples were submitted as follows: Style number TJ505 is a man’s hip-length jacket constructed of a shell composed of woven and knit fabric. A majority of the front and rear panels, the lower rear portion of the sleeves and the outer surface of the collar are composed of a woven 100% nylon fabric. The remainder of the garment’s sleeves, a 4-inch wide section on the lower outer edge of the front panels, and an 8-1/2 inch length section across the center portion of the rear panel are composed of a knit 100% polyester fleece fabric. The woven nylon fabric portions of the garment on the front and rear panels are lined with the knit fleece polyester fabric.

The jacket has a full front opening secured by a zipper closure, a stand-up collar, long sleeves that have a tab secured by a snap closure and elastic capping at the wrist area, a nylon fabric pocket with a zipper closure on the upper portion of the left sleeve, a zippered pocket on the left chest, two front pockets with zipper closures below the waist and a drawcord tightening through the bottom hem. A label on the lower portion of the front panel features the “Dickies” logo and tradename.

Style WS461 is a men’s pullover garment constructed from 100% cotton, finely knit jersey fabric that measures 23 stitches per 2 centimeters counted in the horizontal direction. The garment features a rib knit crew neckline; short, hemmed sleeves; a screen print on the front chest; a large woven fabric label on the front panel at the hem; and a straight, hemmed bottom.

In your letter you suggested classification for the jacket under HTS 6101.30.2010, which provides for men’s jackets, knitted or crocheted. Because the majority of the front panels, the rear panel and the sleeves are composed of woven nylon fabric, the essential character of this jacket is considered to be woven.

The applicable subheading for style TJ505 will be 6201.93.3511, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other men’s anoraks, windbreakers and similar articles: of man-made fibers. The duty rate will be 27.7 percent ad valorem.

The applicable subheading for Style WS461 will be 6110.20.2069, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of cotton: other: other: other: men's or boys': other. The duty rate is 16.5% 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 TJ505 falls within textile category designation 634. Style WS461 falls within textile category designation 338. 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 W. Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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