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NY N017575

October 18, 2007



TARIFF NO.: 6101.30.2010

Ms. Margaret Morgenson
Direct Source Marketing
4061 North Main Street
Racine, WI 43402

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

Dear Ms. Morgenson:

In your letter dated September 17, 2007, you requested a tariff classification ruling. As requested, your sample will be returned.

The submitted garment, Style OX-07-01 E, is a jacket constructed from 100% polyester, finely knit fabric that is napped on the inside surface. The jacket is made to men’s specifications and features a detachable, snap-on hood; a self-fabric stand-up collar; a full front opening with a zippered closure; long sleeves with rib knit cuffs; two pouch pockets below the waist; and a rib knit bottom. The garment is neon orange in color and has two inch wide strips of reflective tape encircling the torso, running over the shoulders and encircling the sleeves. The garment is part of your traffic safety product line and is designed to be worn for safety reasons in situations where the person wearing the garment needs to be seen.

Although you identify the garment as a “Safety Sweatshirt,” the full front opening precludes classification as a sweatshirt. Consequently, the applicable subheading for Style OX-07-01 E 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/.

Style OX-07-01 E 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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.


Robert B. Swierupski
National Commodity

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