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NY M86238




September 7, 2006

CLA-2-65:RR:NC:3:353 M86238

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.6090; 6102.30.2010

Ms. Francine Ramsey
Hampton Direct
350 Pioneer Drive
P.O. Box 1199
Williston, VT 05495

RE: The tariff classification of hood and a jacket from China.

Dear Ms. Ramsey:

This ruling replaces Ruling Number M85157, dated August 9, 2006, due to a clerical error on your part. You originally stated the style number for the Windsulate Fleece Jacket was 50100, the correct style is 55390. A complete corrected ruling follows.

You have submitted two samples. Style 55901 (Grey) is a knit polyester fleece “hooded scarf”. The hood-style hat features scarf-like ties at the neck. Styles 55900 (Black) and 55902 (Navy) are identical to Style 55901, except for the color.

Style 55390 Windsulate Fleece is a jacket with a knit shell constructed of polyester fleece fiber fabric. The jacket features a polyester membrane and liner. The jacket also features a stand up collar, elasticized cuffs, full frontal opening with a heavy duty zipper closure and internal draw-cord bottom. The fabric predicates classification as a jacket when combined with other features and longer than usual length for a cardigan. The fabric is designed to protect the wearer from wind and moisture due to its multi-layered construction.

The applicable subheading for styles 55901, 55900 and 55902 will be 6505.90.6090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece (but not in strips), whether or not lined or trimmed; hair-nets of any material, whether or not lined or trimmed: other: of man-made fibers: knitted or crocheted or made up from knitted or crocheted fabric: not in part of braid, other: other: other. The duty rate will be 20 cents per kg. plus 7 percent ad valorem.

The applicable subheading for style 55390 will be 6102.30.2010, 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, knitted or crocheted, other than those of heading 6104: of man-made fibers: other, women. The rate of duty rate will be 28.2 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/.

The hood falls within textile category 659. The jacket falls within textile category designation 635. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.

Please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item.

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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