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NY N008620




April 5, 2007

CLA-2-61:RR:NC:3:358

CATEGORY: CLASSIFICATION

TARIFF NO.: 6101.30.2020

Mr. Cliff Venable
Hanes Brands Inc.- OS3D
1000B East Hanes Mill Road
Winston-Salem, NC 27105

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

Dear Mr. Venable:

In your letter dated March 16, 2007, you requested a classification ruling. As requested, the sample will be returned to you.

Your submitted sample, style D3668 “Boys’ knit bonded fleece jacket”, is a boys’ hip-length jacket constructed of a shell composed of one layer on the outer surface of a knit polyester fabric and one layer on the inner surface of a 100% polyester, finely knit, brushed micro fleece pile fabric, with a bonded water resistant membrane in between. The jacket has a stand-up collar, a full frontal opening secured with a zipper closure, long sleeves, a zippered pocket on the left chest, two slash pockets at the waist and a banded bottom.

Following Chapter 60, Note 1(c), laminated knit pile fabric whether laminated to a knit or to a woven fabric is considered a knit fabric. The applicable subheading for style D3668 will be 6101.30.2020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for overcoats, carcoats, capes cloaks, anoraks (including ski-jackets), windbreakers and similar articles, knitted or crocheted, other those of heading 6103: of man-made fibers: other: other: boys’. The duty rate will be 28.2 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/.

Style D3668 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 Bruce Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,

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