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NY N016388





September 13, 2007

CLA-2-61:RR:NC:TA:359

CATEGORY: CLASSIFICATION

TARIFF NO.: 6102.30.2010

Ms. Elsie Holler
Pearl Izumi USA, Inc.
620 Compton Street
Bloomfield, CO 80020

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

Dear Ms. Holler:

In your letter dated August 21, on behalf of Dash America Inc., you requested a classification ruling. Your sample is being returned.

The submitted sample style 4974 is a woman’s cycling jacket that is constructed from 100% polyester woven fabric (the shoulder area, the collar, the outer sleeve area, sections of the front and back panels), and 95% polyester, 5% spandex knit fabric (the back panel with the exception of two small woven pieces at the bottom, the under sleeve area, sections of the front panels). The woven sections of the garment are lined with the knit fabric. The garment is worn for warmth and protection from the elements and features the following: a mock collar, long sleeves, a full front opening with a zipper closure, 3 lower back pockets (one pocket has a zipper closure), and a hemmed shirt-tail bottom.

The essential character is imparted by the knit fabric, Harmonized Tariff Schedule of the United States (HTSUS), General Rules of Interpretation (GR), Rule 3, noted.

The applicable subheading for the jacket will be 6102.30.2010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s overcoatswindbreakers and similar articles, knitted, other than those of heading 6104: of man made fibers: other: other: women’s. The duty rate will be 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/.

The jacket falls within textile category 635. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 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 Francine Vivona-Brock at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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