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NY M86369




October 4, 2006

CLA-2-61:RR:NC:TA:N3:356 M86369

CATEGORY: CLASSIFICATION

TARIFF NO.: 6101.20.0010

Ms. Jenny Helm
Gear for Sports, Inc
9700 Commerce Parkway
Lenexa, KS 66219

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

Dear Ms. Helm:

In your letter dated September 6, 2006, you requested a tariff classification ruling. As requested, your sample will be returned.

Style G3016 is a men’s jacket constructed from 80% cotton, 20% polyester, finely knit fabric that is napped on the inside surface. The garment features a self-fabric hood with a drawcord; a full front opening with a zippered closure; long sleeves with self fabric banded cuffs; a thumb hole on each cuff; a zippered pocket on the left sleeve; pouch pockets below the waist; and a close fitting rib knit bottom.

Although you state that you believe that Style G3016 is classified in 6110.20.2069, HTSUS, as a cardigan, we believe the garment is designed for wear outdoors as a jacket. The rib knit bottom and banded cuffs provide sufficient tightening for protection against the elements. Consequently, the applicable subheading for Style G3016 will be 6101.20.0010, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for: men’s or boys’ overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers, and similar articles, knitted or crocheted: other than those of heading 6103: of cotton: men’s. The rate of duty is 15.9% 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 G3016 falls within textile category designation 334. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 this ruling letter 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 this ruling, contact National Import Specialist Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski

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