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NY 808916




April 24, 1995

CLA-2-62:S:N:N5:357 808916

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.99.1000

Ms. Susan I. Marok
John V. Carr & Son
P.O. Box 33479
Detroit, MI 48232-5479

RE: The tariff classification of a women's silk jacket from China or Hong Kong; country of origin marking

Dear Ms. Marok:

In your letter dated April 4, 1995, on behalf of Southeast Apparel Ltd. Inc., you requested a classification ruling. A sample was submitted and is being returned as you requested.

The item in question, style 432, is made from a 100% woven silk shell fabric and is lined with a woven fabric. The jacket has a full-front opening with a five-button right-over-left closure, a pointed notched collar, elasticized sleeve cuffs and waistband and two slant pockets at the waist. The garment extends to slightly below the waist.

The applicable subheading for the jacket will be 6202.99.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for women's anoraks, windbreakers and similar articles containing 70 percent or more by weight of silk or silk waste. The duty rate will be 2.7 percent ad valorem.

This jacket falls within textile category designation 735. 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 may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

You also asked whether the country of origin marking on this jacket is sufficient. The garment is marked with the country of origin by means of a fabric label sewn into the side seam several inches above the waistband.

A Customs Circular letter published as T.D. 54640(6) held that on and after October 1, 1958, wearing apparel such as shirts, blouses, coats, sweaters, etc., must be legibly and conspicuously marked with the name of the country of origin by means of a fabric label sewn or otherwise permanently affixed on the inside center of the neck midway between the shoulder seams or in that immediate area or otherwise permanently marked in that area in some other manner. Therefore, the method of marking used on this sample is not acceptable.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport

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