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NY K81665





January 23, 2004
CLA-2-62:RR:NC:WA:357 K81665

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.9025

Mr. Andy Ross
Ross Glove Co.
P.O. Box 209
Sheboygan, Wisconsin 53082

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

Dear Mr. Ross:

In your letter dated December 23, 2003, you requested a classification ruling.

The sample submitted, style number WHMJ2A, is a man’s hip-length jacket constructed of a shell composed of one layer of a knit jersey 100% polyester fabric on the outer surface which has a teflon treatment, and one layer of a knit 100% polyester mesh fabric on the inner surface, with a waterproof breathable polyurethane membrane laminated in between.

The polyurethane membrane is visible through the knit polyester mesh fabric. The jacket has a stand-up collar with a drawcord tightening and a full front opening secured by a zipper closure that extends to the top of the collar. The jacket also has a zippered pocket on the left chest that features a reflective plastic strip with the logo “EBTEK”, two zippered pockets at the waist, long hemmed sleeves and a drawcord tightening through the bottom hem.

Although you suggested classification for the jacket under HTS 6101 or 6201, in accordance with Legal Note 8 of Chapter 61 of the Harmonized Tariff Schedules, garments which are, prima facie, classifiable both in heading 6113 and in other headings of this chapter, excluding 6111, are to be classified in heading 6113.

The applicable subheading for the jacket will be 6113.00.9025, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: other coats and jackets: other: men’s and boys’. The duty rate will be 7.1 percent ad valorem.

The jacket falls within textile category designation 634. Based upon international textile trade agreements products of China are presently subject to quota restraints and the requirement of a visa.

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 Specialist W. Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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