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NY M87323




November 2, 2006

CLA-2-61:RR:NC:TA:358 M87323

CATEGORY: CLASSIFICATION

TARIFF NO.: 6101.20.0020; 6101.30.2020; 6108.31.0010

Mike Bartlett
American Shipping Company Inc.
400 Oceangate, Suite 1106
Long Beach, CA 90802

RE: The tariff classification of boys’ outerwear jackets and ladies’ pajamas from China

Dear Mr. Bartlett:

In your letter dated October 25, 2006, written on behalf of National Stores Inc., you requested a classification ruling.

Submitted styles BA011, manufactured of 100% polyester, and BJ012, manufactured of 80% cotton/20% polyester, are unlined garments of fleece, characterized by a full-front, zippered opening, a hood, a rib-knitted waistband, rib-knitted cuffs of long sleeves, and an open pocket at the lower portion of each of the fronts.

Submitted style PL013, manufactured from finely knitted fabric of 100% cotton, is comprised of a loosely fitted pair of trousers through the elasticized waistband of which a drawstring is threaded and of a long-sleeved, loosely fitted pullover, styled similarly to a t-shirt.

As you have requested, the sample styles are being returned.

The applicable subheading for the fleece garment of polyester will be 6101.30.2020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for boys’windbreakers and similar articles, knitted, other than those of heading 6103, of man-made fibers, other, other, boys’; and for the fleece garment of cotton will be 6101.20.0020, HTSUS, which provides for boys’windbreakers and similar articles, knitted, other than those of heading 6103, of cotton, boys’ . The duty rates will be 28.2 and 15.9 per cent ad valorem, respectively.

The applicable subheading for the pajamas will be 6108.31.0010, HTSUS, which provides for women’spajamasknittedof cotton, women’s. The duty rate will be 8.5 per cent 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 polyester jacket falls within textile category 634, the cotton jacket within 334, and the pajamas within 351. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,

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