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NY M83753

June 13, 2006

CLA-2-62:RR:NC:WA:357 M83753


TARIFF NO.: 6210.40.9025; 6211.31.0040

Ms. Hazel D. Ericta
C.F.L. Enterprise Ltd.
149 Fifth Avenue, Fifth Floor
New York, N.Y. 10010

RE: The tariff classification of a man’s jacket and outerwear vest set from China

Dear Ms. Ericta:

In your letter dated May 23, 2006, you requested a classification ruling.

The sample submitted, style number IBPS6-899W, is a man’s two-piece set consisting of a thigh-length outer jacket and a hip-length inner vest, which can be zippered together along the front edges and buttoned together at the nape of the neck to be worn as one garment. Although the garments are worn together, each garment can also be worn separately and will be classified as a separate garment.

The outer jacket is constructed of a shell composed of a woven 100% cotton fabric with a visible wax coating on the outer surface and is lined in the body and sleeves with a woven 100% cotton sheeting fabric. The jacket has a fold-down pointed collar composed on the outer surface of a 100% cow leather, a full front opening secured by a double pull zipper closure, a secondary zipper for attaching the inner vest and an overlapping flap with six snap closures that covers the front zipper area. The jacket also has long hemmed sleeves with a tab secured by a snap closure at the wrist area, elasticized inner storm cuffs that are secured by an adjustable snap closure, a zippered pocket on the left chest, a zippered inner pocket, an inner drawcord tightening at the waist, two bellows pockets with flaps secured by a snap closure below the waist and a straight cut hemmed bottom. A tab with a buttonhole at the nape of the neck is used for attachment of the inner vest.

The inner vest is constructed of a woven 70% wool/30% viscose fabric. This outerwear vest has a full front opening secured by a reversible zipper pull closure, a v-shaped banded collar, oversized armholes, two front pockets below the waist and a drawcord tightening through the bottom hem. A button on the rear portion of the collar is used for attachment to the outer jacket.

The samples are being returned to you as you have requested.

The applicable subheading for the outer jacket will be 6210.40.9025, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: Other men’s or boys’ garments: Other: Other anoraks (including ski-jackets), windbreakers and similar articles. The duty rate will be 6.2 percent ad valorem.

The applicable subheading for the inner vest will be 6211.31.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other garments, men’s or boys’: Of wool or fine animal hair: Vests. The duty rate will be 12 percent 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/.

The outer jacket falls within textile category designation 334. The inner vest falls within textile category designation 459. 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 W. Raftery at 646-733-3047.


Robert B. Swierupski

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