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NY H89135




April 9, 2002

CLA-2-61:RR:NC:WA:357 H89135

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.9044; 6113.00.9084

Ms. Tina Walker
Foot Locker, Inc.
International Trade Department
3543 Simpson Ferry Road
Camp Hill, PA 17011

RE: The tariff classification of a man’s pullover and a man’s pair of trousers from Taiwan

Dear Ms. Walker:

In your letter dated March 8, 2002, you requested a classification ruling.

Two samples were submitted as follows: Style number 8109014, “Men’s Sub 4 All Weather Pullover”, is a man’s hip-length upper-body pullover garment that is constructed of a body composed of one layer of a knit 100% polyester jersey fabric on the outer surface and one layer of a knit 100% polyester jersey fabric on the inner surface with a polyurethane film laminated in between. The polyurethane film is visible through the knit jersey fabric. The garment has a knit brushed 100% polyester tricot fabric insert on each side and along the lower portion of each sleeve.

The pullover has a stand-up collar that is lined on the inner surface with a mesh fabric and a partial front opening at the neck area that is secured by a zipper closure. The garment features long sleeves with capping at the wrist area, reflective piping on each side of the front zipper opening, reflective piping across the rear yoke and elastic capping at the bottom hem.

Style number 8109020, “Men’s Sub 4 All Weather Pants”, is a man’s pair of trousers constructed of front panels composed of one layer of a knit 100% polyester jersey fabric on the outer surface and one layer of a knit 100% polyester jersey fabric on the inner surface with a polyurethane film laminated in between. The polyurethane film is visible through the knit jersey fabric. The rear panels are composed of a knit brushed 100% polyester tricot fabric. The trousers have an elasticized waistband with an inner drawcord tightening, a small inner pocket at the right front waist area, long trousers legs with a zipper opening and elastic at the ankle and reflective piping on each side of the zipper opening.

The samples are being returned to you as you have requested.

The applicable subheading for the pullover will be 6113.00.9084, 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: other: other: men’s or boys’. The duty rate will be 7.2 percent ad valorem.

The applicable subheading for the trousers will be 6113.00.9044, 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: trousers, breeches and shorts: other: men’s or boys’. The duty rate will be 7.2 percent ad valorem.

The pullover falls within textile category designation 659. The trousers fall within textile category designation 647. Based upon international textile trade agreements products of Taiwan 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 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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