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NY N004640




June 6, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6101.30.2010; 6102.30.2010; 6103.43.1520; 6104.63.2011

Ms. Lydia Hua
Greenland Sales Corporation
2221 Niagara Falls Blvd., Suite 11
Niagara Falls, NY 14304

RE: The tariff classification of men’s and women’s knit jackets and pants from China

Dear Ms. Hua:

In your letter dated December 13, 2006, you requested a tariff classification ruling. Your response was delayed due to laboratory analysis. We cannot issue a ruling for Style “Men’s Impact Jacket” as we have not received a sample of this item. As requested, your samples will be returned.

Style 72852 “Men’s Encounter Jacket” is a men’s jacket constructed from a bonded fabric consisting of an outer layer of 100% polyester woven fabric, a middle layer of a polyurethane film, and an inner layer of 100% polyester finely knit pile fabric. The jacket features a self-fabric stand-up collar; a full front opening with a zippered closure; zippered vertical pockets on the chest; an embroidered logo on the left chest; long, tapered sleeves; and a straight bottom with a drawcord and cordlock.

Style 73052 “Women’s Horizon Jacket” is a women’s jacket constructed from a bonded fabric consisting of an outer layer of 100% polyester woven fabric, a middle layer of a polyurethane film, and an inner layer of 100% polyester finely knit pile fabric. The jacket features a self-fabric stand-up collar; a full front opening with a zippered closure; zippered vertical pockets on the chest; an embroidered logo on the left chest; long, tapered sleeves; and a straight bottom.

Style 73152 “Men’s Vapor Pants” is a pair of men’s pants constructed from a bonded fabric consisting of an outer layer of 100% polyester woven fabric, a middle layer of a polyurethane film, and an inner layer of 100% polyester finely knit pile fabric. The pants have a flat front waistband; a covered elastic rear waistband; six belt loops; a snap closure on the waistband; a zippered fly opening; zippered vertical pockets at the hip; an embroidered logo on the left rear panel; zippered openings along the side of each leg beginning below the hip and extending to the ankles; and hemmed leg openings.

Style 73252 “Women’s Outlook Pants” is a pair of women’s pants constructed from a bonded fabric consisting of an outer layer of 100% polyester woven fabric, a middle layer of a polyurethane film, and an inner layer of 100% polyester finely knit pile fabric. The pants feature a flat front waistband; a covered elastic rear waistband; three belt loops; a snap closure on the waistband; a zippered fly opening; a vertical zippered pocket on the left front panel; an embroidered logo on the left rear panel; zippered openings along the side of each leg beginning below the hip and extending to the ankles; and hemmed leg openings.

Following Chapter 60, Note 1 (c), laminated knit pile fabrics, whether they are laminated to a knit or to a woven fabric, are considered knit fabrics. Consequently, the applicable subheading for Style 72852 “Men’s Encounter Jacket” will be 6101.30.2010, 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 man-made fibers: other: other: men’s. The rate of duty is 28.2% ad valorem.

The applicable subheading for Style 73052 “Women’s Horizon Jacket” 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: other: women’s. The rate of duty is 28.2% ad valorem.

The applicable subheading for Style 73152 “Men’s Vapor Pants” will be 6103.43.1520, 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 synthetic fibers: other: trousers and breeches men’s. The rate of duty is 28.2% ad valorem.

The applicable subheading for Style 73252 “Women’s Outlook Pants” will be 6104.63.2011, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ trousers, breeches and shorts (other than swimwear), knitted or crocheted: of synthetic fibers: other: other: trousers and breeches women’s: other. The rate of duty is 28.2% 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 72852, “Men’s Encounter Jacket”, falls within textile category designation 634. Style 73052, “Women’s Horizon Jacket”, falls within textile category designation 635. Style 73152, “Men’s Vapor Pants”, falls within textile category designation 647. Style 73252, “Women’s Outlook Pants”, falls within textile category designation 648. 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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