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NY N014410





July 27, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6101.20.0010; 6101.30.2010

Mr. Charles Spoto
Alba Wheels Up International, Inc.
150-30 132nd Avenue, Suite 208
Jamaica, NY 11434

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

Dear Mr. Spoto:

In your letter dated July 13, 2007, you requested a tariff classification ruling on behalf of ROC Apparel Group, LLC. As requested, your samples will be returned.

Style U0807K02 is a men’s jacket constructed from 80% cotton, 20% polyester, finely knit fabric that is napped on the inside surface. Style U0807K02 features a self-fabric hood with a drawstring; a full front opening with a zippered closure; long sleeves with rib knit cuffs; two zippered pockets below the waist; elbow patches on each sleeve; large embroidered designs on the back panel and the hood; an appliqué on the left chest; and a rib knit bottom.

Style U0807K03 is a men’s jacket constructed from 100% polyester, knit fabric that is brushed on the inside surface. Style U0807K03 features a rib knit stand-up collar; a full front opening with a zippered closure; long sleeves with rib knit cuffs; two zippered pockets below the waist; large screen printing and embroidery on the front and back panels; and a rib knit bottom.

Style U0807K06 is a men’s jacket constructed from 100% cotton, French terry knit fabric. Style U0807K06 features a self-fabric hood with a drawstring; a full front opening with a zippered closure; long sleeves with rib knit cuffs; two pouch pockets below the waist; large all-over screen print designs on the front and back panels and the sleeves; large embroidered designs on the back panel and the hood; an appliqué on the left chest; and a rib knit bottom.

Style U0807K09 is a men’s jacket constructed from 80% cotton, 20% polyester, French terry knit fabric. Style U0807K09 features a self-fabric hood with a drawstring; a full front opening with a zippered closure; long sleeves with rib knit cuffs; two zippered pockets below the waist; a large all-over screen print design on the front panel; large embroidered designs on the front and back panels; an appliqué on the right sleeve and the upper back panel; and a rib knit bottom.

Style U0807K11 is a men’s jacket constructed from 80% cotton, 20% polyester, finely knit fabric that is napped on the inside surface. Style U0807K11 features a stand-up collar; a full front opening with a zippered closure; long sleeves with rib knit cuffs; large embroidered designs on the front panel; large appliqués on the bank panel and the sleeves; and a rib knit bottom.

The applicable subheading for Styles U0807K02, U0807K06, U0807K09, and U0807K11 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% ad valorem.

The applicable subheading for Style U0807K03 will be 6101.30.2010, 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 man-made fibers: other: other: men’s. The rate of duty is 28.2% 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/.

Styles U0807K02, U0807K06, U0807K09, and U0807K11 fall within textile category designation 334. Style U0807K03 falls within textile category designation 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 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
Director,

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