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NY N011852





June 13, 2007

CLA-2-62:RR:NC:TA:357

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.91.2021

Mr. Charles Santarelli
Mersant International Ltd.
158-12 Rockaway Blvd.
Jamaica, NY 11434

RE: The tariff classification of a boys’ jacket from China

Dear Mr. Santarelli:

In your letter dated May 14, 2007, on behalf of BJS Group LLC, you requested a classification ruling. The sample you submitted is being returned as you requested.

The item in question, style EF728, is a boys’ outerwear jacket in size 12. It is made from two fabrics: The first, which comprises the front panels, a portion of the hood and sleeve patches, is a 100% polyester faux suede woven fabric; the second, which comprises the sleeves (other than the patches), the back panel, the front patch pockets and pocket flaps and most of the hood is a 60% wool/40% viscose rayon blend woven fabric. The jacket has a full front opening with a zipper closure, rib knit cuffs and waistband, a full lining quilted to a batting and a fake fur ruff around the permanently attached hood. The front and back panels have embroidery and design work printed on them.

Examination of the sample indicates that the wool blend fabric comprises more than 60% of the surface area of the jacket. It is this fabric that imparts the essential character to the garment.

The applicable subheading for style EF728 will be 6201.91.2021, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other boys’ anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets), of wool or fine animal hair. The duty rate will be 49.7 cents/kg plus 19.7 percent 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/.

This jacket falls within textile category 434. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. 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 William Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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