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NY N021411




February 1, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6101.30.2010; 6102.30.2010; 6103.43.1520; 6104.63.2011

Ms. Lynn Antunes
Norman Krieger, Inc.
921 West Artesia Blvd,
Rancho Dominguez, CA 90220

RE: The tariff classification of men’s and women’s laminated knit jackets and pants from China.

Dear Ms. Antunes:

In your letter dated December 19, 2007, you requested a tariff classification ruling on behalf of Asics America Corp. As requested, your samples will be returned.

Style MT0856 “ARD Jacket for Men” features a self-fabric stand-up collar; a full front opening with a zippered closure; long sleeves with partially elasticized cuffs and hook and loop closures on each cuff; two zippered slash pockets below the waist; a reflective screen print design near each pocket; reflective logos on the lower left front panel and at the rear neckline; ventilation openings with mesh inserts under each armhole and on the upper rear panel; and a straight bottom with a drawcord, cordlocks and a tail.

Style WT0882 “ARD Wind Jacket for Women” features a self-fabric stand-up collar; a full front opening with a zippered closure; long sleeves with partially elasticized cuffs and hook and loop closures on each cuff; two zippered slash pockets below the waist; a zippered pocket on the rear panel below the waist; a free hanging rear yoke with a mesh insert for ventilation; a reflective screen print design near each front pocket; a screen printed logo on the left shoulder; and a straight bottom with a drawcord, cordlocks and a tail.

Style MB0857 “ARD Wind Pant for Men” features a tunnel elastic waistband with an inside drawcord; zippered slash pockets at each hip; a reflective screen printed logo on the left hip; reflective screen print designs at the rear knee; ankle zippers on each leg; and hemmed leg openings.

Style WB0883 “ARD Wind Pant for Women” features a tunnel elastic waistband with an inside drawcord; zippered slash pockets at each hip; a reflective screen printed logo on the left hip; reflective screen print designs at the rear knee; ankle zippers on each leg; and hemmed leg openings.

The four garments are constructed from a laminated fabric consisting of an outer layer of 100% polyester flat knit fabric, a middle layer of a polyurethane film, and an inner layer of 100% polyester flat knit fabric. The polyurethane film is not visible in cross section.

Because the polyurethane film is not visible to the naked eye, classification in HTSUS 6113 is precluded. In addition, because the garments are of knit construction, classification as water resistant garments is not available. Consequently, the applicable subheading for Style MT0856 “ARD Jacket for Men” will be 6101.30.2010, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for: men’s or boys’ . . . 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.

The applicable subheading for Style WT0882 “ARD Wind Jacket for Women” will be 6102.30.2010, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for: women’s or girls’ . . . anoraks (including ski-jackets), windbreakers, and similar articles, knitted or crocheted: other than those of heading 6104: of man-made fibers: other: other: women’s. The rate of duty is 28.2% ad valorem.

The applicable subheading for Style MB0857 “ARD Wind Pant for Men” will be 6103.43.1520, Harmonized Tariff Schedule of the United States (HTSUS), which provides for men’s or boys’ trousers,knitted or crocheted: of synthetic fibers: trousers: other: men’s. The rate of duty is 28.2% ad valorem.

The applicable subheading for Style WB0883 “ARD Wind Pant for Women” will be 6104.63.2011, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s . . . trousers, . . . knitted or crocheted: of synthetic fibers: other: other: trousers: women’s: other. 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/.

Style MT0856 “ARD Jacket for Men” falls within textile category designation 634. Style WT0882 “ARD Wind Jacket for Women” falls within textile category designation 635. Style MB0857 “ARD Wind Pant for Men” falls within textile category designation 647. Style WB0883 “ARD Wind Pant for Women” falls within textile category designation 648. 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

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