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NY I84947

January 3, 2003

CLA-2-61: RR:NC:TA:356 I84947


TARIFF NO.: 6101.30.2010

Mr. Leonard L. Rosenberg
Sandler, Travis & Rosenberg, P.A.
The Waterford
5200 Blue Lagoon Drive
Miami, FL 33126-2022

RE: The tariff classification of a men’s knit jacket from Mexico.

Dear Mr. Rosenberg:

In your letter dated August 7, 2002, you requested a tariff classification ruling on behalf of Marmot Mountain, Ltd. Our response to your inquiry has been delayed due to laboratory analysis. As requested, your sample is being returned.

Style 8718 is a men’s jacket that is constructed from a laminated fabric having an outer layer of a 100 percent polyester, finely knit brushed pile fabric, a middle layer of a PTE film, and an inner layer of a 100 percent polyester, finely knit mesh fabric. The garment is hip length and features a self-fabric stand-up collar; a full front opening with a zipper closure; long, hemmed, tapered sleeves; zippered ventilation openings in the underarm area; a zippered chest pocket; zippered slash pockets below the waist; and a straight bottom with a drawcord.

Following Chapter 60, Note 1 (c), the fabric is not considered a fabric of heading 5903 because the outer layer of the fabric is of pile construction. Consequently, the applicable subheading for the jacket 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. Effective January 1, 2003, the rate of duty will be 28.4 percent ad valorem.

The jacket falls within textile category designation 634. Based upon international textile trade agreements, products of Mexico 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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