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NY N009711




May 11, 2007

CLA-2-62:RR:NC:WA:357

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020

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

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

Dear Ms. Kim:

In your letter dated April 11, 2007, on behalf of Hojeon Limited, you requested a classification ruling.

The sample submitted, item number HJ070330, is a man’s lightweight baseball style jacket with a shell composed of a woven 94% polyester/6% spandex fabric with a visible polyurethane membrane on the inner surface. The jacket is lined with a knit 100% polyester tricot fabric in the body and a woven man-made fiber fabric in the sleeves.

The jacket has a stand-up collar composed on the outer surface of a ribbed-knit fabric, a full front opening secured by a zipper closure that extends to the top of the collar, long sleeves with ribbed-knit fabric cuffs, a rubber patch depicting a baseball team’s initials on the left sleeve, an embroidered logo on the right sleeve and a rubber batter patch on the center portion of the rear panel at the nape of the neck. The jacket has two front on-seam pockets at the waist, a zippered inner pocket, a label with the “Therma Base” trademark on the lower portion of the left front panel and a ribbed-knit fabric waistband.

The sample is being returned to you as you have requested.

The applicable subheading for the jacket will be 6210.40.5020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: Other men’s or boys’ garments: Of man-made fibers: Other: Anoraks, windbreakers and similar articles. 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 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. 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 W. Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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