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NY L82452





April 26, 2005

CLA-2-61:RR:NC:N3:357 L82452

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.9025

Mr. Frank Gonzalez
Quality Customs Brokers, Inc.
615 N. Edgewood Ave.
Wood Dale, IL 60191

RE: The tariff classification of a men’s hunting jacket from Vietnam

Dear Mr. Gonzalez:

In your letter dated February 3, 2005, on behalf of Arcticshield, Inc., you requested a classification ruling. A sample was submitted and is being returned as you requested.

The item in question, style H3 Hunting Jacket, has a shell made from a 100% polyester brushed knit fabric printed on the face with a camouflage design and coated on the back with a visible plastic layer. The jacket has a full front opening with a two-way zipper closure that extends to the top of the collar and is covered by a storm flap with seven snaps, double entry patch pockets with snapped flaps below the waist, long sleeves with rib knit inner storm cuffs, chest pockets with zippers, an elasticized drawstring at the bottom hem and a zip-off, self-fabric hood. The jacket is lined with a brushed fabric diamond-quilted to a nonwoven layer of insulation.

The Customs laboratory analyzed the shell fabric and determined that it is not of knit pile construction.

You suggested classification as water resistant. Please note that there are no tariff provisions for water resistant garments of knit construction.

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

This jacket 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 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 William Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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