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NY N003921





December 29, 2006

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.33.2010

Ms. Judith L. Haggin
J. L. Haggin & Associates Co.
1100 S. W. Sixth Ave., Suite 1212
Portland, OR 97204

RE: The tariff classification of a men’s suit-type jacket from China.

Dear Ms. Haggin:

In your letter dated November 20, 2006, you requested a tariff classification ruling on behalf of your client Nau, Inc. As requested, your sample will be returned.

Style SS1 Riding Jacket is a men’s suit-type jacket constructed from 82% recycled polyester, 18% stretch polyester, woven fabric. Style SS1 Riding Jacket has four panels sewn together lengthwise and features a partial lining on the back panel and in the sleeves; a notched collar with lapels; a button and a button hole on the lapels and on the collar; a rear yoke; a left over right full front opening with three button closures; long, hemmed sleeves with two buttons on the sleeve placket; a zippered pocket on the left chest; two pockets with flaps below the waist; an inner welt pocket on the right front panel; a rear vent; and a hemmed bottom.

You indicated in your letter that the garment has a durable water repellent finish and that “most suit-type jackets would not have such a finish.” The water repellent finish is not detectable in a casual handling of the jacket and, therefore, would not restrict its use in any way. In addition, finishes of this type are used on a variety of garments, as they repel stains as well as water. While the jacket may be worn outdoors, it has features normally found on a suit-type jacket.

The applicable subheading for Style SS1 Riding Jacket will be 6203.33.2010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for men’s or boys’ suits, ensembles, suit-type jackets, blazers, . . . suit-type jackets and blazers: of synthetic fibers: other: men’s. The duty rate is 27.3% 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 SS1 Riding Jacket falls within textile category designation 633. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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

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