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NY N022519




February 26, 2008

CLA-2-62:OT:RR:NC:WA:356

CATEGORY: CLASSIFICATION

TARIFF NO.: 6205.30.2070

Mr. David C. Williams, Esq.
DC Williams & Associates
8 Brook Lane
Cortlandt Manor, NY 10567

RE: The tariff classification of a men’s woven shirt from China

Dear Mr. Williams:

In your letter dated January 24, 2008, you requested a tariff classification ruling on behalf of Kindnoon Offshore Trading Co., Ltd. As requested, your sample will be returned.

The submitted sample, which you identify as “K&H X-System Shirt-Styled Jacket” is a man’s shirt, in a size Large, constructed from 100% nylon woven ripstop fabric in a printed camouflage design. The garment has a self fabric stand up collar, a full front opening with a zipper closure, a placket with three magnetic closures covering the zipper, a magnetic closure on the collar, two patch pockets on the chest with flaps and magnetic closures, long vented sleeves, a tab with a hook and loop fastener at each cuff, a patch pocket with a zipper closure on the left sleeve, a patch pocket with a flap and a magnetic closure on the right sleeve, and a hemmed bottom with a curved tail.

Although you suggest classification as a jacket in HTSUS 6201.93.3511, the sample garment lacks the character of an outerwear jacket. The styling, cut, and features do not support a finding that this item is an outerwear jacket that is designed for wear over all other clothing for protection against the elements. Consequently, the applicable subheading for the garment will be 6205.30.2070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for men’s or boys’ shirts: of man-made fibers: other: other: other: men’s. The duty rate will be 29.1¢/kg + 25.9% 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 submitted garment falls within textile category designation 640. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski
Director,

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