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NY N009692




May 15, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6101.30.2010

Ms. Jenny Helm
Gear For Sports, Inc.
9700 Commerce Parkway
Lenexa, KS 66219

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

Dear Ms. Helm:

In your letter dated February 5, 2007, and in your subsequent correspondence dated April 9, 2007, you requested a tariff classification ruling for Style SI5424. As requested, your sample will be returned.

Style SI5424 is a men’s jacket constructed from 100% polyester, finely knit pile fabric with a polyurethane laminate on the inside surface. The jacket is fully lined with nylon tricot fabric. Style SI5424 features a self-fabric stand-up collar; a full front opening with a zippered closure; long, raglan sleeves with cuffs tightened by hook and loop closures; zippered slash pockets below the waist; an embroidered logo on the rear neckline; an inner left pocket with a hook and loop closure; and a straight bottom with a drawcord and cordlocks.

Although you suggest classification for the jacket in HTS 6113.00.1005, the fabric does not fall within heading 5903 because it is a laminated knit pile fabric. Following Chapter 60, Note 1(c), laminated knit pile fabric is classifiable in heading 6001.

Consequently, the applicable subheading for Style SI5424 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.

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 SI5424 falls 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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