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NY N006012




June 5, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6101.30.2010

Ms. Evelyn Appel-Schaefer
James J. Boyle & Co.
7505 N.E. Ambassador Place, # B
Portland, OR 97220

RE: The tariff classification of men’s knit jackets from China.

Dear Ms. Appel-Schaefer:

In your letter dated January 23, 2007, you requested a tariff classification ruling on behalf of Sojitz Corporation of America. Your response was delayed due to laboratory analysis. As requested, your samples will be returned.

Style 2206 “Panel Hoody” is a men’s jacket constructed from French terry knit fabric. The jacket features a self-fabric hood with a drawstring; a full front opening with a zippered closure; long, tapered sleeves; zippered pockets below the waist; and a rib knit bottom.

Style 2207 “Offshore Hoody” is a men’s jacket constructed from French terry knit fabric. The jacket features a rib knit baseball neckline; a full front opening with a zippered closure; long sleeves with rib knit cuffs; zippered pockets below the waist; and a close fitting, self-fabric bottom band.

In your correspondence, you state that both garments are constructed from 65% bamboo, 35% cotton, 5% spandex knit fabric. Laboratory analysis has found that the composition of the fabric is 69% rayon, 26% cotton, 5% elastomeric yarn. Consequently, the applicable subheading for Styles 2206 and 2207 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: men’s. The rate of duty will be 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/.

Styles 2206 and 2207 fall within textile category designation 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 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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