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NY J81591





March 31, 2003

CLA-2-61: RR:NC:TA:N3:356 J81591

CATEGORY: CLASSIFICATION

TARIFF NO.: 6101.30.2010

Mr. Patrick Pascarella
Viking Sea/Air Freight, Inc.
486 Sunrise Highway
Rockville Centre, NY 11570

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

Dear Mr. Pascarella:

In your letter dated February 28, 2003, you requested a tariff classification ruling.

Style C6K013TE is a men’s jacket constructed from an 84 percent acrylic, 16 percent polyester, knit pile fabric that is coated on the outer surface with a polyurethane plastic. The jacket features a self-fabric, stand-up collar; a full front opening with a dual zipper closure and a flap with five snap fasteners; long sleeves with snap fasteners at the cuffs; inset chest pockets with flaps and snap fasteners; two side entry pockets below the waist; and a self-fabric bottom band with two snaps and an adjustable tab at each side.

Following Chapter 60, Note 1 (c), the fabric is not considered a fabric of heading 5903 because the inner 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. The rate of duty will be 28.4 percent ad valorem.

Style C6K013TE falls within textile category designation 634. Based upon international textile trade agreements, products of China 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 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.

Sincerely,

Robert B. Swierupski
Director,

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