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NY M83817

June 7, 2006

CLA-2-62:RR:NC:N3:360 M83817


TARIFF NO.: 6211.43.0078

Mr. Peter Mento
Expeditors Tradewin, LLC
1015 Third Avenue 12th Floor
Seattle, WA 98104

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

Dear Mr. Mento:

In your letter dated May 25, 2006, you requested a classification ruling on behalf of Ashworth, Inc. The submitted sample will be returned to you as requested.

Style WM20148 is a woman’s jacket composed of knit and woven components. The collar, sleeves and lower back panel are constructed from 100 percent polyester knit fabric. The upper back panel, front panels, sleeve tabs and pocket on sleeve are constructed from 100 percent polyester woven fabric. The garment features a standup collar, long sleeves with adjustable tabs, side seam pockets secured with zippers, a pocket on the left upper sleeve and a full front zippered opening.

Because the garment is constructed of both knitted and woven components we apply GRI 3(b), which states that garments will be classified by the component that gives them their essential character. In this case, the woven component, which constitutes the entire front of the garment, imparts the essential character of the garment; therefore, the garment will be classified as a man-made fiber jacket under heading 6211, HTS.

The applicable subheading for the jacket will be 6211.43.0078, Harmonized Tariff Schedule of the United States (HTSUS), which provides for track suits, ski-suits and swimwear; other garments: other garments, women’s or girls’: of man-made fibers: jackets and jacket-type garments excluded from heading 6202. The duty rate will be 16 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 jacket falls within textile category designation 635. 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 Patricia Schiazzano at 646-733-3051.


Robert B. Swierupski

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