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NY N020733





December 21, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.92.2021; 6201.93.3511; 6101.30.2010; 6110.30.3053

Mr. Gerald J. Bresnihan
C.H. Powell Company
478 Wando Park Boulevard
Mt. Pleasant, SC 29464

RE: The tariff classification of three men’s jackets and one man’s garment from China, Hong Kong and Vietnam

Dear Mr. Bresnihan:

In your letter dated December 7, 2007, on behalf of Oobe, Inc., you requested a classification ruling.

Four samples were submitted as follows: The “Finn Jacket” is a man’s hip-length jacket with a shell composed of a woven 100% nylon fabric and a lining composed of a woven man-made fiber fabric that are quilted together in a diamond pattern, with a nonwoven polyester batting fill in between. The garment has a 100% polyester suede overlay patch of fabric on each shoulder that extends from the lower portion of the front yoke to the lower portion of the rear yoke area.

The jacket has a full front opening secured by a zipper closure and an overlapping flap with four snaps that covers the zipper area. The garment has a neck warmer collar composed of a ribbed-knit fabric, bi-swing expandable ribbed-knit fabric rear inserts for easier movement, long sleeves with ribbed-knit fabric cuffs, two front pockets, three inner pockets, one with a zipper closure, and a straight cut hemmed bottom with curved sides that is cut shorter in the front and longer in the rear.

The “Hunter Shirt Jacket” is a man’s hip-length jacket with a shell composed of a woven corduroy 100% cotton fabric. The jacket is lined in the body with a heavy-brushed knit 100% polyester fleece fabric, and in the sleeves with a woven 100% polyester taffeta fabric that is quilted to a nonwoven polyester batting fill. The jacket has a full front opening secured by a left-over-right, seven button closure, a fold-down pointed collar, two chest pockets with a flap secured by a one-button closure, long sleeves with a one-button closure on the cuffs and a round cut hemmed bottom.

The “Longneck Shirt Jacket” is a man’s hip-length garment with a shell composed of a finely knit 100% polyester “Polartec” wind pro fleece fabric that is napped on the inside and outside surfaces. The front placket facing, the pocket welt, the hem facing, the portion under the collar, the inside portion of the cuffs, the inner portion of the rear yoke, the sleeve placket and the rear locker loop are composed of a woven 100% nylon fabric. The garment has a spread collar, a full front opening secured by a left-over-right, seven snap closure, long vented sleeves with a one-snap closure on the cuffs, two chest pockets, two side seam pockets at the waist and a straight cut hemmed bottom with two side seam vents.

The “Fuse Full Zip Pullover” is a man’s hip-length jacket with a shell composed of a finely knit 100% polyester fleece fabric that is napped on the inside and outside surfaces. The jacket has a stand-up collar, a full front opening secured by a zipper closure, a pocket with a side zipper opening on the left chest, long sleeves with banded cuffs, two front pockets with zipper closures at the waist and a drawcord tightening through the bottom hem.

The applicable subheading for the “Finn Jacket” will be 6201.93.3511, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other men’s anoraks, windbreakers and similar articles: of man-made fibers: other: other: other. The duty rate will be 27.7 percent ad valorem.

The applicable subheading for the “Hunter Shirt Jacket” will be 6201.92.2021, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other men’s or boy’s anoraks, windbreakers and similar articles: of cotton: other: other: corduroy. The duty rate will be 9.4 percent ad valorem.

The applicable subheading for the “Longneck Shirt Jacket” will be 6110.30.3053, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other men’s or boys’: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: other. The duty rate will be 32 percent ad valorem.

The applicable subheading for the “Fuse Full Zip Pullover” will be 6101.30.2010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other men’s anoraks, windbreakers and similar articles, knitted or crocheted, other than those of heading 6103: of man-made fibers: other. 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/.

The “Finn Jacket” falls within textile category 634. The “Hunter Shirt Jacket” falls within textile category 334. The Longneck Shirt Jacket” falls within textile category 638. The Fuse Full Zip Pullover” 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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