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NY N020099





December 12, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.91.2011

Mr. Mike Bartlett
American Shipping Company, Inc.
400 Oceangate, Suite 1106
Long Beach, California 90802

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

Dear Mr. Bartlett:

In your letter dated November 19, 2007, on behalf of Quality Worldwide, Inc., you requested a classification ruling.

The sample submitted, style number K22052, “Leatherman,” is a man’s hip-length jacket that has a shell composed of a woven plaid 53% wool/47% polyester fabric and imitation leather sleeves composed of a bonded fabric with an outer layer of plastic and an inner layer of a woven cotton fabric. The body and sleeves are lined with a woven polyester fabric.

The jacket has a full front opening secured by a left-over-right, seven snap closure, a neck warmer collar composed of a ribbed-knit fabric, long sleeves with ribbed-knit fabric cuffs and a ribbed-knit fabric waistband. The jacket has two front slash pockets at the waist trimmed with fake leather and decorative patches along the length of each sleeve.

The sample is being returned to you as you have requested.

In your letter you suggested classification for this garment under HTS 6101.90.0500, which is the classification for a man’s knit jacket. However, the essential character of this jacket is provided by the body, which is composed of a woven fabric.

The applicable subheading for the jacket will be 6201.91.2011 Harmonized Tariff Schedule of the United States (HTSUS), which provides for other men’s anoraks, windbreakers and similar articles: Of wool or fine animal hair. The duty rate will be 49.7¢/kg + 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/.

The jacket falls within textile category 459. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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