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NY H87406

March 4, 2002

CLA-2-62:RR:NC:TA:357 H87406


TARIFF NO.: 6201.93.3511

Ms. Min Hong
Vandegrift Forwarding Company, Inc.
One Evertrust Plaza
Jersey City, NJ 07302

RE: The tariff classification of a men’s jacket from Hong Kong

Dear Ms. Hong:

In your letter dated February 1, 2002, on behalf of Nautica International, you requested a classification ruling. A sample was submitted and is being returned as you requested.

The item in question, style S23303 is made from knit and woven components. The entire front and the back yoke are made from a woven 59% nylon/41% polyester fabric, while the remainder of the back and the sleeves are made from a knitted 65% wool/14% nylon/13% polyester/8% cotton fabric. The jacket has a full front opening with a two-way zipper pull, pleated patch pockets with flaps at the waist and in the chest and a knit lining in the collar. The garment is lined in the woven areas, and the lining is quilted to a lightweight batting.

In accordance with General Rule of Interpretation (GRI) 3(c) of the Harmonized Tariff Schedules when goods cannot be classified by reference to GRI 3(a) or 3(b), they are to be classified in the heading which occurs last in numerical order among those which equally merit consideration in determining their classification. In this case the knit fabric does not provide the essential character under GRI 3(b). Therefore, classification will be as woven.

The applicable subheading for the jacket will be 6201.93.3511, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s anoraks, windbreakers and similar articles, of man-made fibers. The duty rate will be 28.1 percent ad valorem.

This jacket falls within textile category designation 634. Based upon international textile trade agreements products of Hong Kong are subject to quota 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 646-733-3047.


Robert B. Swierupski

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