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NY M87245




November 21, 2006

CLA-2-61:RR:NC:TA:N3:356 M87245

CATEGORY: CLASSIFICATION

TARIFF NO.: 6101.20.0010; 6103.42.1020

Ms. Stacy Bauman
American Shipping Company, Inc.
140 Sylvan Avenue
Englewood Cliffs, NJ 07632

RE: The tariff classification of a men’s knit jacket and pants from China.

Dear Ms. Bauman:

In your letter dated October 11, 2006, you requested a tariff classification ruling on behalf of Christian Casey LLC, DBA Sean John. Subsequent information was received on October 24, 2006 and November 16, 2006. As requested, your samples will be returned.

Style HK61549 is a men’s jacket constructed from 80% cotton, 20% polyester, finely knit fabric that is napped on the inside surface. The jacket features a self-fabric hood with a drawcord, a full front opening with a zippered closure, long sleeves with rib knit cuffs, zippered slash pockets below the waist, and a rib knit bottom.

Style HK61649 is a pair of men’s pants constructed from 80% cotton, 20% polyester, finely knit fabric that is napped on the inside surface. The pants have a tunnel elastic waistband with an inside drawstring, zippered pockets on the front panels, a zippered right rear pocket, an embroidered logo on the rear pocket, zippered closures at the ankles, and tunnel elastic at the leg openings.

The first four alpha-numeric digits of the style number refer to the season, the type of garment, the year, and the delivery date and will change accordingly. The last three digits are the specific reference for each garment.

You state that the jacket and the pants will be packaged and sold separately. Consequently, the applicable subheading for Style HK61549 will be 6101.20.0010, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for: men’s or boys’ overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers, and similar articles, knitted or crocheted: other than those of heading 6103: of cotton: men’s. The rate of duty is 15.9% valorem.

The applicable subheading for Style HK61649 will be 6103.42.1020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for men’s or boys’ trousers, breeches and shorts (other than swimwear), knitted or crocheted: of cotton: trousers and breeches: men’s. The rate of duty is 16.1% 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 HK61549 falls within textile category designation 334. Style HK61649 falls within textile category designation 347. 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 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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