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NY L81911

May 3, 2005

CLA-2-61:RR:NC:TA:N3:356 L81911


TARIFF NO.: 6101.30.2010

Ms. Heather Fust
Stafford Textiles Limited
2200 Lakeshore Blvd., West, Suite 308
Toronto, Ontario M8V 1A4

RE: The tariff classification of a men’s jacket from Sri Lanka

Dear Ms. Fust:

In your letter dated January 6, 2005, you requested a tariff classification ruling for Style Staftex KOTP1. The classification of Style Staftex KOTP1 was delayed due to laboratory analysis. That analysis has now been completed. As requested, your sample will be returned.

Style Staftex KOTP1 is constructed from a three layer laminated fabric consisting of an outer layer of 100 percent polyester woven fabric, a middle layer of bonded PU film and an inner layer of a 100 percent polyester, finely knit, brushed pile fabric. The jacket features a stand-up collar, a full front opening with a zippered closure; long, tapered, hemmed, sleeves; two zippered slash pockets at the waist; and a straight bottom with a drawcord and cordlocks.

Although you suggest classification in HTS 6201.93.3000, following Chapter 60, Note 1 (c), laminated knit pile fabric, whether laminated to a knit or to a woven fabric, is considered a knit fabric.

Consequently, the applicable subheading for Style Staftex KOTP1 will be 6101.30.2010, Harmonized Tariff Schedule of the United States, (HTS), which provides for: 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: other men’s. The rate of duty will be 28.2 percent ad valorem.

Style Staftex KOTP1 falls within textile category designation 634. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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.


Robert B. Swierupski, Director,
National Commodity Specialist Division

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