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NY J80790

March 12, 2003

CLA-2-61:RR:NC:TA:N3:357 J80790


TARIFF NO.: 6113.00.9015
Ms. Cindi Wood
Nike, Inc.
One Bowerman Drive
Beaverton, OR 97005-6453

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

Dear Ms. Wood:

In your letter dated February 7, 2003, you requested a tariff classification ruling. As requested, your sample will be returned.

Style 114620 is a men’s jacket that has a rib knit stand-up collar; a full front opening with a zippered closure; long, raglan sleeves with rib knit cuffs; slash pockets below the waist; and a rib knit bottom.

The garment is constructed from two types of bonded fabric. The major portions of the front panels are of a tri-laminated fabric consisting of an outer layer of 64% polyester/36% cotton, brushed faux suede woven fabric, a middle layer of polyurethane foam, and an inner layer of jersey knit fabric. The back panel, the raglan sleeves, and a portion of the front panels at each side are constructed from a tri-laminated fabric consisting of an outer layer of 100% cotton double knit fabric, a middle layer of polyurethane foam, and an inner layer of jersey knit fabric.

You suggested classification of the garment as a sweater; however, we believe that the garment is designed to be worn as an outerwear garment because of the overall styling and construction of the garment and the use of the heavyweight laminated fabrics.

The tri-laminated double knit fabric comprises over 60 percent of the visible surface area of the garment and imparts the essential character to the garment. In addition, the outer cotton fabric in this lamination determines the essential character of the bonded fabric. Consequently, the applicable subheading for Style 114620 will be 6113.00.9015, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, made up of fabric of heading 5903, 5906 or 5907, coats and jackets, of cotton: men’s. The rate of duty will be 7.2 percent ad valorem.

Style 114620 falls within textile category designation 334. Based upon international textile trade agreements, products of the Philippines are subject to quota restraints and 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 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 W. Raftery at 646-733-3047.


Robert B. Swierupski

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