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NY H86727

February 4, 2002

CLA-2-61: RR:NC:TA:356 H86727


TARIFF NO.: 6101.30.2010

Mr. Irwin Hosea
Whaling Manufacturing Co.
451 Quarry Street
Fall River, MA 02723

RE: The tariff classification of a men’s knit jacket from China, Indonesia and Vietnam.

Dear Mr. Hosea:

In your letter dated January 8, 2002, you requested a tariff classification ruling. As requested, your sample is being returned.

Style 848F2 is a men’s jacket constructed from a heavy weight, bonded fabric. The outer layer is a 100 percent polyester, finely knit sueded fabric that is joined with polyurethane resin to an inner layer of 55 percent polyester, 45 percent acrylic, sherpa knit, pile fabric. Style 848F2 features a spread collar faced with sherpa pile; a full front zippered opening; long, hemmed sleeves; patch pockets with flaps below the waist; an inside pouch pocket; and a straight, hemmed bottom.

Based on Chapter 60, Legal note 1 (c), the fabric is not considered a fabric of heading 5903 because the inner layer of the fabric is of pile construction. Consequently, the applicable subheading for Style 848F2 will be 6101.30.2010, Harmonized Tariff Schedule of the United States, (HTS), which provides for: men’s or boys’ overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers, and similar articles, knitted or crocheted: other than those of heading 6103: of man-made fibers: other: men’s’. The rate of duty will be 28.6 percent ad valorem.

Style 848F2 falls within textile category designation 634. Based upon international textile trade agreements, products of China and Indonesia are subject to visa requirements and quota restraints. Products of Vietnam are not presently subject to visa requirements or quota restraints. 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 Mary Ryan at 646-733-3271.


Robert B. Swierupski

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