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NY M82595

May 12, 2006

CLA-2-61:RR:NC:TA:N3 356 M82595


TARIFF NO.: 6101.30.2010

Mr. Alan Stewart
Sport Obermeyer, Ltd.
115 ABC
Aspen, CO 81611

RE: The tariff classification of a man’s knit jacket from Bangladesh

Dear Mr. Stewart:

In your letter, which was received in this office on April 18, 2006, you requested a tariff classification ruling. The sample is being returned to you as you have requested.

The sample, style 67237 “Element Soft Shell,” is a men’s hip-length jacket constructed of a three layer fabric consisting of an outer surface of a woven 87% polyester/13% spandex fabric and an inner surface of a 100% polyester, finely knit, brushed pile fabric, with a bonded waterproof breathable membrane in between. The jacket has a stand-up collar, a full front opening with a zipper closure, long hemmed sleeves with a tab secured by a hook and loop closure at the wrist area, a zippered pocket on the upper portion of the left sleeve, a pocket with a zipper closure on the left chest, two front pockets with zipper closures below the waist, zippered underarm openings for ventilation, and a straight hemmed bottom with a drawcord and cordlocks. The “Obermeyer” tradename is embroidered onto the rear portion of the collar.

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 67237 will be 6101.30.2010, Harmonized Tariff Schedule of the United States (HTSUS), 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 duty rate will be 28.2% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Style 67237 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 Mary Ryan at 646-733-3271.


Robert B. Swierupski

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