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NY I89985




February 20, 2003

CLA-2-61:RR:NC:TA:N3:356 I89985

CATEGORY: CLASSIFICATION

TARIFF NO.: 6101.30.2010

Ms. Michelle Wardian
Youngone North American Liaison Office
1027 Harbor Avenue SW, Suite #503
Seattle, WA 98116

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

Dear Ms. Wardian:

In your original correspondence dated November 16, 2002 and in your subsequent correspondence dated January 16, 2003, you requested a tariff classification ruling. As requested, your sample will be returned.

Style 87311 is a men’s jacket constructed from a laminated fabric consisting of an outer layer of a 67 percent nylon, 33 percent spandex woven fabric that is bonded to an inner layer of a 66 percent polyester, 24 percent spandex finely knit brushed pile fabric. Style 87311 features a full front opening with a zippered closure; an inner storm flap; a stand-up collar with a hook and loop tab fastener; long sleeves with an adjustable hook and loop tab fastener at the cuffs; two zippered slash pockets below the waist; and a straight, close fitting bottom.

In your letter, you suggest two possible classifications for this garment within heading 6201. Following Chapter 60, Note 1 (c), however, laminated knit pile fabrics, whether they are laminated to a knit or to a woven fabric, are considered knit fabrics. Consequently, Style 87311 is considered a knit garment and is properly classified under subheading 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: other: men’s. The rate of duty will de 28.4 percent ad valorem.

Style 87311 falls within textile category designation 634. Based upon international textile trade agreements, products of Bangladesh are subject to visa requirements and 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 this ruling letter 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 this ruling, contact National Import Specialist Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski

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