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NY N003837

December 26, 2006



TARIFF NO.: 6210.40.5050

Mr. Jeffrey O. Gregory
Design Resources, Inc.
7007 College Blvd.
Overland Park, KS 66211

RE: The tariff classification of a men’s padded sleeveless jacket from China. Correction to Ruling Number M82006

Dear Mr. Gregory:

This replaces Ruling Number M82006, dated April 26, 2006, which was based on use of a different shell fabric. A complete corrected ruling follows.

The sample submitted, style number J5-271, is a man’s hip-length padded sleeveless jacket. The garment is constructed of a shell composed of a woven 228T ripstop 100% nylon taslan fabric with a visible polyurethane coating on the inner surface and is quilted to a nonwoven polyester batting fill. The garment is lined with a woven 210T 100% nylon fabric.

The padded sleeveless jacket has oversized armholes, a stand-up collar, a full front opening secured by a zipper closure that extends to the top of the collar and an overlapping flap that covers the zipper area. The garment has two vertical front pockets and an elasticized waistband. The “Fort Dodge Innovator Vaccines” tradename and logo is on the left chest and on the rear portion of the collar.

According to information provided with your letter of November 16, 2006, the manufacturing sequence for this article consists of cutting the fabric, sewing the baffle, filling with polyfill, and then quilting.

The applicable subheading for the padded sleeveless jacket will be 6210.40.5050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other men’s or boys’ garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907, of man-made fibers. 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/.

The padded sleeveless jacket falls within textile category designation 659. 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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