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NY N017275




October 18, 2007

CLA-2-61:OT: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 September 13, 2007, you requested a tariff classification ruling on behalf of Samsung America, Inc. As requested, your samples will be returned.

Style C37331 is a men’s jacket constructed from 100% polyester, finely knit fabric that is brushed on the inside surface. Style C37331 features a rib knit stand-up collar; a full front opening with a zippered closure; long raglan sleeves with rib knit cuffs; two zippered pouch pockets below the waist; a large appliqué with embroidery on the center chest; an appliqué with embroidery on the upper rear panel; embroidered designs on both sleeves; and a rib knit bottom.

Style C37458 is a men’s jacket constructed from 100% polyester, finely knit fabric that is brushed on the inside surface. The jacket is fully lined with mesh knit fabric. Style C37458 features a rib knit stand up collar; a full front opening with a zippered closure; long, raglan sleeves with rib knit cuffs; two pouch pockets below the waist; an embroidered design on the left chest; a large appliqué with embroidery on the back panel; a small embroidered design on the left sleeve and below the rear neckline; and a rib knit bottom.

Style C87331 is a men’s jacket constructed from 80% cotton, 20% polyester, finely knit fabric that is napped on the inside surface. The front and the back panels are lined with mesh knit fabric. Style C87331 features a self-fabric hood with a drawstring and a lining of mesh knit fabric; a full front opening with a zippered closure; long, raglan sleeves with rib knit cuffs; two pouch pockets below the waist; a large appliqué with embroidery on the center chest; narrow fabric overlays on the sleeves; an embroidered logo on the upper rear panel; and a rib knit bottom.

Style C87459 is a men’s jacket constructed from 80% cotton, 20% polyester, finely knit fabric that is napped on the inside surface. The front and the back panels are lined with mesh knit fabric. Style C87459 features a self-fabric hood with a drawstring and a lining of mesh knit fabric; a full front opening with a zippered closure; long sleeves with rib knit cuffs; two triple pouch pockets below the waist; embroidered designs on the left chest and on the left sleeve; rib knit inserts on both sleeves; a large appliqué with embroidery on the back panel; and a rib knit bottom.

The applicable subheading for Styles C87331 and C87459 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 C37331 and C37458 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 C87331 and C87459 fall within textile category designation 334. Styles C37331 and C37458 fall 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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