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NY J82578

August 12, 2003

CLA-2-61:RR:NC:TA:N3:356 J82578


TARIFF NO.: 6101.30.2010

Mr. Steve Burkhart
International Service Group, Inc.
15 Guittard Road
Burlingame, CA 94010

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

Dear Mr. Burkhart:

In your letter dated April 4, 2003, you requested a tariff classification ruling on behalf of Mountain Hardware, Inc. Your garment was destroyed during laboratory analysis and cannot be returned.

Style Trango is a men’s jacket constructed from a laminated fabric consisting of an outer layer of 91 percent nylon, 9 percent spandex woven fabric, a middle layer of a plastic film, and an inner layer of 100 percent polyester, finely knit pile fabric. Style Trango features a stand-up self-fabric collar with a drawcord and cordlocks; a full front opening with a zippered closure; long sleeves with rib knit inner cuffs; a zippered pocket on the left chest; an inner pocket on the right chest; vertical zippered pockets above the waist; and a straight bottom with a drawcord and cordlocks.

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 knit pile construction. Consequently, the applicable subheading for Style Trango 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 Trango falls within textile category designation 634. Based upon international textile trade agreements, products of Hong Kong 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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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