CLA-2-61:RR:NC:TA:358 K82635

Mary Bailey
SEARS, ROEBUCK AND CO.
3333 Beverly Road
Dept 733IMP, D5-255B-A
Hoffman Estates, IL 60479

RE: The tariff classification of boys’ outerwear from China

Dear Ms. Bailey:

In your letter dated January 20, 2004 you requested a classification ruling.

Submitted style 1706, manufactured from fleece fabric of 80% cotton/20% polyester, is an unlined garment, characterized by a rib-knitted waistband and cuffs of long sleeves, by a hood, by a full-front, zippered opening, and by an open pocket at the lower portion of each of the fronts.

As you have requested, the sample garment is being returned.

The applicable subheading for the garment will be 6101.20.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for …boys’…anoraks…windbreakers and similar articles, knitted…, other than those of heading 6103, of cotton, boys’. The duty rate will be 15.9 per cent ad valorem. Although you suggested classification under HTS 6201.12.2060, your suggestion is not applicable because the fabric of this garment is not woven.

This garment falls within textile category designation 334. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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 Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division