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NY I81792

June 7, 2002

CLA-2-61: RR:NC:TA:356 I81792


TARIFF NO.: 6101.20.0010; 6103.42.1020

Mr. Marvin Lutz
Consolidated Apparel Group, Inc.
30 Bridge Road
Rouses Point, NY 12979

RE: The tariff classification of a men’s knit jacket and a pair of pants from Nepal.

Dear Mr. Lutz:

In your letter dated May 7, 2002, you requested a tariff classification ruling.

The submitted sample, Style 327023 consists of a men’s jacket and a pair of pants. The garments are constructed from 80 percent cotton, 20 percent polyester, finely knit velour fabric. The jacket features a self-fabric convertible collar; a full front opening with a zipper closure; long sleeves with tunnel elastic cuffs; an embroidered logo on the left chest; slash pockets below the waist; and a tunnel elastic waistband. The pants feature a tunnel elastic waistband with an inner drawcord; a rear patch pocket with a hook and loop closure; side seam pockets; and hemmed legs.

You also provided a sketch of a similar two-piece garment, Style 328023. However, we are unable to provide a binding classification for Style 328023 without an actual sample of the merchandise.

Due to the nature of the fabric, Style 327023 is not considered a track suit. Consequently, the applicable subheading for the jacket will be 6101.20.0010, 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 cotton: men’s. The rate of duty will be 16.1 percent ad valorem. The applicable subheading for the pants will be 6103.42.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s and boys’ trousers, knitted or crocheted: of cotton: trousers and breeches: men’s. The rate of duty will be 16.3 per cent ad valorem.

The jacket falls within textile category designation 334. The pants fall within textile category designation 347. Based upon international textile trade agreements, products of Nepal are subject to visa requirements.

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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