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NY L80140

November 5, 2004

CLA-2-62:RR:NC:TA:N3:356 L80140


TARIFF NO.: 6201.93.3511; 6203.32.2040

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

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

Dear Mr. Pascarella:

In your letter dated August 17, 2004, which was resubmitted on October 8, 2004 on behalf of Presidio International, Inc., you requested a tariff classification ruling. As requested, your samples will be returned.

Style 06K213AN is a men’s double jacket. The two-piece double jacket set consists of a men’s suit-type jacket and an inner jacket that are attached by tabs and snaps at the waist and the sleeves so as to be worn as one garment. Although the jackets are worn together, each garment can also be worn separately and will be classified as separate garments.

The outer jacket is a suit-type jacket constructed from 83 percent cotton, 17 percent polyester woven fabric. The jacket is constructed from two front, two side, and two rear panels sewn together lengthwise with darts on the front panels. The garment features a notched collar with lapels; a left over right full front opening with three button closures; long, hemmed sleeves with four buttons on the sleeve placket; a welt pocket on the left chest; two inner chest pockets; two inset pockets with flaps below the waist; and a hemmed bottom with curved edges at the front opening and a back vent. The jacket has inner snaps on the lower front placket and snap tabs on the inner sleeves and at each lower side seam that are used to attach the suit jacket to the inner jacket.

The inner jacket is constructed of a woven 100% nylon fabric. The jacket has a stand-up collar; a full front opening with a zipper closure; a self fabric roll-up hood that zips into the collar; a drawstring on the hood; long sleeves with elasticized capping; two slash pockets below the waist; two inner pockets below the waist; a hanger loop below the rear neckline; and a straight, hemmed bottom with elasticized capping. There are self-fabric loops on the sleeves and at the waistband, and two snaps at each side of the zipper that are used to attach the inner jacket to the suit jacket.

The applicable subheading for the suit-type jacket of Style 06K213AN will be 6203.32.2040, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ suits, ensembles, suit-type jackets, blazers, : suit-type jackets and blazers: of cotton: other: other: other: men’s. The duty rate is 9.4 percent ad valorem.

The applicable subheading for the inner jacket of Style 06K213AN 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, (including padded sleeveless jackets), other than those of heading 6203: of man-made fibers: other: other: other: other: men’s. The duty rate is 27.7 percent ad valorem.

The suit-type jacket of Style 06K213AN falls within textile category designation 333. The inner jacket of Style 06K213 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 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 Mary Ryan at 646-733-3271.


Robert B. Swierupski, Director,
National Commodity Specialist Division

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