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NY N022017




February 11, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3511; 6203.43.4010

Ms. Pum Chamarat
Metro Textile Inc.
14450 Chambers Rd.
Tustin, CA 92780

RE: The tariff classification of men’s jackets and trousers from Indonesia

Dear Ms. Chamarat:

In your letter dated January 8, 2008, you requested a classification ruling. Samples were submitted and are being returned as you requested.

The jacket, style BDU Jacket, is made from a woven 75% polyester/25% cotton twill fabric in a bright yellow color with contrasting orange color in various areas and reflective tape on the front, back and sleeves. The jacket has a full front opening with a left-over-right, covered button closure, patch pockets with buttoned flaps on the chest, buttoned tabs at the sleeve ends and a pointed collar.

The trousers, style BDU Pant, are made from the same fabric as the jacket, and also have contrasting color portions and reflective tape. They have a zippered fly and a one-button left-over-right closure at the waist, belt loops and adjustment tabs at the waist, slant pockets below the waist, rear pockets with buttoned flaps and cargo pockets with buttoned flaps on the thighs.

The applicable subheading for the jacket will be 6201.93.3511, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other men’s anoraks (including ski-jackets), windbreakers and similar articles, of man-made fibers. The duty rate will be 27.7 percent ad valorem.

The applicable subheading for the trousers will be 6203.43.4010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other men’s trousers and breeches, of synthetic fibers. The duty rate will be 27.9 percent ad valorem.

In your letter you suggested classification of these garments under subheading 6211.33, HTSUS, which includes “other” garments that are not provided for in headings 6201-6210. As the only protective feature on these garments is the reflective tape, a feature commonly found on many garments (such as cycling jackets, running jackets and ski apparel), they are properly classified as indicated above.

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 and trousers fall within textile categories 634 and 647, respectively. 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 William Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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