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NY M86998




November 6, 2006

CLA-2-62:RR:NC:TA:N3:356 M86998

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3511; 6211.33.0061

Mr. William F. Crockett
Mizuno USA
1 Jack Curran Way
Norcross, GA 30071

RE: The tariff classification of men’s woven batting garments from China

Dear Mr. Crockett:

In your letter dated October 3, 2006, you requested a tariff classification ruling. As requested, your samples will be returned.

Style 35041 is a men’s oversized pullover garment constructed from 100% polyester woven fabric. Style 35041 has a self-fabric baseball collar; a partial front opening with a zippered closure; short, hemmed, raglan sleeves; a rib knit insert at the armholes; a free-hanging rear yoke that covers a partial lining constructed of 60% cotton, 40% polyester mesh knit fabric; and a straight, hemmed bottom. The Mizuno runbird logo is embroidered onto the upper rear panel and onto the left sleeve.

Style 350139 is a men’s hip-length pullover jacket constructed from a shell composed of a woven100% polyester micro-fiber fabric. The jacket is fully lined with a knit 100% cotton fabric. The jacket has a V-shape neck warmer collar, a partial front opening secured by a zipper closure, long sleeves with a rib knit insert along the front and rear portion of the armholes, elasticized sleeve cuffs, a free-hanging rear yoke that covers an additional mesh fabric lining, and an elastic drawcord tightening with adjustable toggles through the bottom hem. The Mizuno runbird logo is embroidered onto the upper rear panel and onto the lower portion of the left sleeve.

The applicable subheading for Style 35041 will be 6211.33.0061, Harmonized Tariff Schedule of the United States (HTSUS), which provides for track suits, ski-suits, and swimwear; other garments: other garments, men’s or boy’s: of man-made fibers: other. The duty rate will be 16% ad valorem.

The applicable subheading for Style 350139 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: other: other: other. The duty rate will be 27.7% 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 35041 falls within textile category 659. Style 350139 falls within textile category 634. 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.

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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