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NY M84766




October 13, 2006

CLA-2-62:RR:NC:TA:357 M84766

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000

Ms. Sally Kim
American Customs, Inc.
145-63 226 Street
Springfield Gardens, NY 11413

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

Dear Ms. Kim:

In your letter dated June 28, 2006, on behalf of Hojean Limited, you requested a classification ruling. A sample was submitted and is being returned as you requested. We regret the delay in responding, which was due to laboratory analysis of the sample.

The item in question, style F04-29, is a men’s jacket made from a bonded fabric. The outer material is a woven stretch nylon fabric bonded to an inner material of brushed 100% polyester fabric. The jacket has a full front opening secured by a zipper that extends to the top of the collar, which has a rib knit lining, long sleeves with rib knit cuffs, a rib knit waistband, side-entry pockets at the waist and contrasting piping in selected seams.

According to our laboratory the knit fabric is a brushed non-pile construction.

With your letter you provided information indicating that the garment passes the test for water resistance (AATCC 35). We have not confirmed that result in our laboratory; however, the Customs officer handling the transaction at the time of importation may choose to do so.

Based on the information you submitted the applicable subheading for the jacket will be 6201.93.3000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other men’s or boys’ anoraks (including ski-jackets), windbreakers and similar articles, of man-made fibers, water resistant. The duty rate will be 7.1 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/.

This jacket falls within textile category 634. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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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