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NY L83454




April 7, 2005

CLA-2-61:RR:NC:N3:357 L83454

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.9044

Mr. Brian Kavanaugh
Deringer Logistics Consulting Group
1 Lincoln Blvd.
Rouses Point, NY 12979

RE: The tariff classification of hunting apparel from China

Dear Mr. Kavanaugh:

In your letter dated December 7, 2004, on behalf of Groupe Sportchief, Marieville, PQ Canada, you requested a classification ruling. Samples were submitted. Our response was delayed due to laboratory analysis.

This ruling pertains to style M-2263P only, and that sample is being returned to you as requested. The question of classification for style S-1260 is being referred to the Office of Regulations and Rulings, Bureau of Customs and Border Protection, 1300 Pennsylvania Avenue, N.W., Washington D.C. 20229. A ruling will be issued to you from that office.

Style M-2263P is a pair of hunting pants with a shell made from a brushed warp knit fabric printed with a camouflage design and coated on its inner surface with a visible plastics “Aquatex” breathable, waterproof membrane. The pants have a snap at the waist and a fly front with a zipper closure. They are fully lined with a knit fabric, and have a partially elasticized waistband with belt loops, trouser legs with a covered zipper on the outer side seams, patch pockets with a snapped flap on the front and on the left rear and a zippered pocket on the right rear.

According to our laboratory the shell fabric is not of pile construction.

You suggested classification in HTS subheading 6113.00.10. Please note that this subheading is limited to garments having a rubber or plastics coating on the outer surface that completely obscures the underlying fabric. The coating on this garment is neither on the outer surface nor does it completely obscure the underlying fabric. Therefore, the applicable subheading for the style M-2263P pants will be 6113.00.9044, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s or boys’ trousers, breeches and shorts, made up of fabrics of heading 5903, 5906 or 5907, other than of cotton. The duty rate will be 7.1 percent ad valorem.

Style M-2263P falls within textile category designation 647. 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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