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NY N007812





March 19, 2007

CLA-2-62:RR:NC:WA:357 N007812

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.92.2051; 6205.20.2047

Mr. Anthony M. Lynch
Jacob Ash Holdings, Inc.
301 Munson Ave.
McKees Rocks, PA 15136

RE: The tariff classification of a man’s jacket and a man’s shirt from China

Dear Mr. Lynch:

In your letter dated February 16, 2007, you requested a classification ruling.

Style number 32-350 is a men’s jacket with a shell composed of a woven 100% cotton flannel fabric that is napped on the outside surface. The jacket is lined in the body with a brushed heavy knit 100% polyester fleece fabric and in the sleeves with a woven 190T 100% polyester fabric that is quilted to a nonwoven batting insulation.

The jacket has a spread collar, a left-over-right, full front opening secured by seven button closures, two chest pockets with flaps that have a one-button closure, long vented sleeves with a one-button closure on the cuffs, two side seam pockets below the waist, two side seam vents in combination with a back seam and a straight cut hemmed bottom.

Style number 32-351 is a men’s size medium shirt with a shell composed of a 100% cotton, yarn dyed plaid, woven flannel fabric napped on the outside surface. The shirt is fully lined with a woven 190T 100% polyester fabric that is quilted to a nonwoven light weight fiberfill batting insulation. The shirt has a self-fabric spread collar, a left-over-right, full front opening secured by seven button closures, two chest pockets with flaps that have a one-button closure, long vented sleeves with a one-button closure on the cuffs, two side seam pockets below the waist and a hemmed bottom with two side seam vents.

The samples are being returned to you as you have requested.

The applicable subheading for style 32-350 will be 6201.92.2051, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other men’s anoraks, windbreakers and similar articles: of cotton: other: other: other. The duty rate will be 9.4 percent ad valorem.

The applicable subheading for style 32-351 will be 6205.20.2047, Harmonized Tariff Schedule of the United States (HTSUS), which provides for men’s or boys’ shirts, of cotton, other: other: other: with two or more colors in the warp and/or filling: napped. The duty rate will be 19.7 percent ad valorem.

In your letter you also requested a classification for men’s thermal undergarments, style numbers 32-410 and 32-420. Classification for those garments will be issued to you under a separate ruling.

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 32-350 falls within textile category 334. Style 32-351 falls within textile category 340. 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 W. Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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