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NY N005069




January 19, 2007

CLA-2-61:RR:NC:3:353

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3070

Robert E Hasprey
Deringer Logistics Consulting Group
1 Lincoln Blvd
Suite 225
Rouses Point, NY 12979

RE: The tariff classification of a mosquito jacket and pants from China.

Dear Mr. Hasprey:

In your letter dated December 28, 2006, on behalf of Produits Horizon, Inc., you requested a classification ruling.

The submitted samples, “Little Fly” Mosquito Net Jacket and Pants, are constructed of woven 65% polyester, 35% cotton fabric and knit 100% polyester net fabric. They are unisex garments worn over other clothing as protection against mosquitoes, blackflies, ticks and biting insects.

The “Little Fly” Mosquito Net Jacket has a full frontal zipper closure, attached hood with a front face panel, raglan sleeves, elasticized wrists and an adjustable drawcord waist. The knit net fabric forms the front and back panels, hood except for the crown and sleeves below the elbow; the woven fabric forms the crown of the hood, upper portion of the sleeves to the elbow, band around the waist, and a portion of the wrist area. The knit net fabric exceeds 60% of the visible surface area of the garment and imparts the essential character of the jacket.

The “Little Fly” Mosquito Net Pants have an elasticized waist, side slash hip pockets and elasticized ankles. The knit net fabric forms the legs from the upper thigh to the ankles except for the front knee area; the woven fabric extends from he waist to the upper thigh and forms the front knee area. The knit and woven fabric each cover approximately 50% of the visible surface area of the garment. The knit portion of the garment provides protection from mosquitoes and other insects and dissipates body heat. The knit fabric imparts the essential character of the pants.

The applicable subheading for the “Little Fly” Mosquito Net Jacket and Pants will be 6114.30.3070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other garments, knitted or crocheted: Of man-made fibers: Other, Other: Women’s or girls’.” The duty rate will be 14.9 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 “Little Fly” Mosquito Net Jacket and Pants fall within textile category 659. 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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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