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NY N014524





July 31, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6101.20.0010; 6101.30.2010

Ms. Maureen Shoule
J. W. Hampton, Jr. & Co., Inc.
161-15 Rockaway Blvd.
Jamaica, NY 11434

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

Dear Ms. Shoule:

In your letter dated July 18, 2007, you requested a tariff classification ruling on behalf of Samsung America, Inc. As requested, your samples will be returned.

Style HR37751 is a men’s jacket constructed from 100% polyester, tricot knit fabric that is brushed on the inside surface. Style HR37751 is fully lined with velvet and jersey knit fabric and features a rib knit stand-up collar; a full front opening with a zippered closure; long sleeves with rib knit cuffs; two zippered pockets below the waist; narrow velvet overlays on each shoulder seam; large appliqués with metallized embroidery on the front and back panels and on the sleeves; and a rib knit bottom.

Style HR87751 is a men’s jacket constructed from 80% cotton, 20% polyester, finely knit fabric that is napped on the inside surface. Style HR87751 features a self-fabric hood with a drawstring and a lining of velvet fabric; a full front opening with a zippered closure; long sleeves with rib knit cuffs; two zippered pockets below the waist; side panels of rib knit fabric; large appliqués with metallized embroidery, sequins and studs on the front panel, the hood, and the sleeves; a narrow velvet overlay on the back panel; and a rib knit bottom.

Style HR87752 is a men’s jacket constructed from 80% cotton, 20% polyester, finely knit, French terry fabric. Style HR87752 is fully lined with velvet and mesh knit fabric and features a stand-up collar with a drawstring; a self-fabric, mesh lined hood that folds and zips into the collar; a full front opening with a zippered closure; long sleeves with rib knit cuffs; two zippered pockets below the waist; a large appliqué with metallized embroidery, sequins and studs on the left sleeve; large metallized embroidery and studs on the front and back panels; and a rib knit bottom.

The applicable subheading for Styles HR87751 and HR87752 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 Style HR37751 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/.

Styles HR87751 and HR87752 fall within textile category designation 334. Style HR37751 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
Director,
National Commodity

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