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NY K84198




April 16, 2004

CLA-2-61:RR:NC:TA:N3:356 K84198

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2010; 6201.93.3511

Mr. Stephen L. Fodor
Expeditors International
4260 Frontage Road, Suite 300
Atlanta, GA 30354

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

Dear Mr. Fodor:

In your letter dated March 16, 2004, you requested a tariff classification ruling on behalf of Hugo Boss Fashions, Inc. As requested, your sample will be returned.

Model Cosmo (Article TMK 3006) consists of a men’s sweater and a snap out windbreaker type jacket. Although the garments are worn together, each garment can also be worn separately and will be classified as separate garments.

The sweater is constructed from 100 percent cotton, double knit fabric that measures 7 stitches per two centimeters counted in the horizontal direction. The sweater has a rib knit stand up collar; a full front opening with a zippered closure, long sleeves with rib knit cuffs, and a rib knit bottom. There are seven snaps on the zipper facing, a loop at the rear neckline, and two loops on the inside of the sleeves that attach the sweater to the inner garment.

The inner garment (jacket) is constructed from 100 percent polyester, woven fabric and has an integral hood with a drawcord tightening, a full front opening secured by seven left-over-right snap closures, long sleeves with elasticized cuffs and a drawcord tightening at the bottom hem.

The applicable subheading for the sweater of Model Cosmo (Article TMK 3006) will be 6110.20.2010, Harmonized Tariff Schedule of the United States, (HTS), which provides for: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of cotton: other: other: sweaters: men's. The rate of duty will be 16.5 percent ad valorem.

The applicable subheading for the woven jacket of Model Cosmo (Article TMK 3006) will be 6201.93.3511, 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, . . . other than those of heading 6203: of man-made fibers: other: other: other: other: men’s. The rate of duty is 27.7 percent ad valorem.

The sweater of Model Cosmo (Article TMK 3006) falls within textile category designation 345. The woven jacket of Model Cosmo (Article TMK 3006) falls within textile category designation 634. Based upon international textile trade agreements, products of Hong Kong in category 345 and 634 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 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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