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NY N011697




June 22, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6101.20.0010; 6110.20.2010

Mr. Joseph R. Hoffacker
Barthco Trade Consultants
The Navy Yard
5101 S. Broad Street
Philadelphia, PA 19211

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

Dear Mr. Hoffacker:

In your letter dated May 22, 2007, you requested a tariff classification ruling on behalf of Bernette Textile Co. As requested, your samples will be returned.

Style 7614 is a men’s jacket constructed from 100% cotton, jersey knit fabric with rib knit side panels. The front and the back panels and the hood are lined with knit pile (faux shearling) fabric and the sleeves are lined with quilted fabric with a lightweight fiberfill batting. The jacket features a self-fabric hood with a drawstring, a full front opening with a zippered closure, long sleeves with rib knit cuffs, pouch pockets below the waist, and a rib knit bottom.

Style 7617 is a men’s jacket constructed from 100% cotton, jersey knit fabric. The front and the back panels are lined with knit pile (faux shearling) fabric and the sleeves are lined with quilted fabric with a lightweight fiberfill batting. The jacket features a self fabric stand-up collar, a full front opening with a zippered closure, long sleeves with rib knit cuffs, and a rib knit bottom.

Style 7001 is a men’s sweater constructed from 100% cotton, jersey knit fabric that measures 8 stitches per 2 centimeters counted in the horizontal direction. The sweater is fully lined with flannel woven fabric. Style 7001 features a self-fabric hood with a drawstring, a full front opening with a zippered closure, long sleeves with rib knit cuffs, pouch pockets below the waist, and a rib knit bottom.

Style 7619 is a men’s sweater vest constructed from 100% cotton, jersey knit fabric that measures 8 stitches per 2 centimeters counted in the horizontal direction. The sweater vest is lined with knit pile (faux shearling) fabric. Style 7619 features a self-fabric stand-up collar, a full front opening with a zippered closure, oversized armholes with rib knit edging, and a rib knit bottom.

The applicable subheading for Styles 7614 and 7617 will be 6101.20.0010, 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 cotton: men’s. The rate of duty is 15.9% ad valorem.

The applicable subheading for Styles 7001 and 7619 will be 6110.20.2010, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of cotton: other: other: sweaters: men’s. The rate of duty is 16.5% 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 7614 and 7617 fall within textile category designation 334. Styles 7001 and 7619 fall within textile category designation 345. 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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