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NY M82832




June 2, 2006

CLA-2-61:RR:NC:TA:N3:356 M82832

CATEGORY: CLASSIFICATION

TARIFF NO.: 6101.30.2010

Mr. Paul Anuschat
Geo. S. Bush & Co., Inc.
P.O. Box 8829
Portland, OR 97208-8829

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

Dear Mr. Anuschat:

In your letter dated April 25, 2006, you requested a tariff classification ruling on behalf of Fred Meyer, Inc./The Kroger Co. The sample is being returned to you as you have requested.

The sample submitted, Style 7596 “Men’s Polyester Bonded Fabric Jacket”, is a men’s hip-length jacket constructed of a shell composed of one layer on the outer surface of a woven 100% polyester twill fabric and one layer on the inner surface of a 100% polyester, finely knit, brushed micro fleece pile fabric, with a bonded water resistant membrane in between. The jacket has a stand-up collar, a full front opening secured by a zipper closure, long sleeves with banded cuffs, an additional inner storm cuff composed of a ribbed-knit fabric at the wrist area, a zippered pocket on the left chest, two zippered front pockets at the waist, a zippered inner mesh pocket, and a banded bottom.

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 7596 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 7596 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.

Sincerely,

Robert B. Swierupski
Director,

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