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NY H84134

August 10, 2001

CLA-2-61:RR:NC:WA:357 H84134


TARIFF NO.: 6113.00.9015

Ms. Kelly O’Neill
All-Ways Forwarding Int’l, Inc.
701 Newark Avenue, Suite 300
Elizabeth, N.J. 07208

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

Dear Ms. O’Neill:

In your letter dated July 24, 2001, on behalf of your client, Steintex, Inc., you requested a classification ruling.

The sample submitted, style number 34363, is a man’s hip-length jacket. A fax you submitted indicates that the body of the garment is composed of a three-layer construction. This was confirmed by examining the sample. The base fabric is constructed of a knit 100% cotton fabric. A polyurethane adhesive has been applied to one surface of the fabric and then it is covered with a polyester flocking material which forms the exterior surface. The sleeves of the jacket are constructed of a knit 100% polyester fabric on the inner surface and a visible polyurethane plastic coating on the outer surface. The jacket is lined with a woven 100% nylon fabric and has a nonwoven batting insulation.

The jacket has a double collar. The inner collar is composed of the same fabric as the body of the jacket and the outer collar is composed of a ribbed-knit fabric. The jacket has a full front opening that is secured by a zipper closure, an overlapping flap with six snaps that covers the zipper area, two front slash pockets at the waist, an inner pocket, long sleeves with elbow patches composed of the same fabric as the body of the jacket and ribbed-knit fabric cuffs and waistband.

The sample is being returned to you.

The base knit fabric which was used to construct the body of the jacket determines the classification.

The applicable subheading for the jacket will be 6113.00.9015, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: other coats and jackets: of cotton: men’s or boys’. The duty rate will be 7.2 percent ad valorem.

The jacket falls within textile category designation 334. Based upon international textile trade agreements products of China are presently subject to quota restraints and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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 212-637-7076.


Robert B. Swierupski

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