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NY N015645




August 23, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.9025; 6113.00.9044

Mr. Gordon C. Anderson
C.H. Robinson Worldwide, Inc.
Minneapolis International
14800 Charlson Road
Suite 400
Eden Prairie, MN 55347-5048

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

Dear Mr. Anderson:

In your letter dated August 9, 2007, on behalf of Wildfowler Outfitter, Inc., you requested a classification ruling.

Two samples were submitted as follows: Style number 910 “Waterproof Breathable Parka,” is a man’s lower hip-length jacket with a shell composed of a camouflage brushed flat knit 100% polyester fabric which has a visible plastic lamination on the inner surface. The jacket is lined with a knit mesh polyester fabric.

The jacket has an integral hood with a drawcord tightening, a full front opening secured by a double pull zipper closure and a storm flap with five snap closures that covers the front zipper area. The jacket has long sleeves with elasticized cuffs, two slant front pockets at the waist that are covered by an overlay of fabric and a straight cut hemmed bottom.

Style number 920 “Waterproof Breathable Pants,” is a man’s pair of pull-on pants with a shell composed of a camouflage brushed flat knit 100% polyester fabric which has a visible plastic lamination on the inner surface. The pants are lined with a knit mesh polyester fabric. The pants have an elasticized waistband with a drawcord tightening, two slant front pockets below the waist that are covered by an overlay of fabric and long hemmed legs.

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

In your letter you suggested that the jacket should be classified under HTSUS 6210.40.5050 and the pants under HTSUS 6210.40.5039, which provide for woven garments made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907. However, as these garments are made of a shell composed of a flat knit fabric, they are classifiable under chapter 61, HTSUS.

The applicable subheading for the jacket will be 6113.00.9025, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: Other: Coats and jackets: Other: Men’s or boys’. The duty rate will be 7.1 percent ad valorem.

The applicable subheading for the pants will be 6113.00.9044, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: Other: Trousers, breeches and shorts: Other: Men’s or boys’. The duty rate will be 7.1 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/.

The jacket falls within textile category 634. The pants fall within textile category 647. 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 W. Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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