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NY A86036




August 2, 1996

CLA-2-62:RR:NC:WA:357 A86036

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Mr. Daniel F. Angevine
Excel International of NY Corp.
147-48 182nd Street
Ste. #201
Jamaica, N.Y. 11413

RE: The tariff classification of a man's reversible jacket from Indonesia

Dear Mr. Angevine:

In your letter dated July 8, 1996, on behalf of Kolon America, Inc., you requested a classification ruling.

The sample submitted, style number 18, is a man's reversible jacket. One side of the jacket is constructed of an outershell composed of a green colored woven 100% polyester fabric quilted to a non-woven batting. The shell fabric is stated to be coated with 600mm polyurethane rendering the garment water resistant. The other side of the jacket is constructed of contrasting colored fabric inserts composed of a woven 60% cotton/40% polyester fabric with two knit inserts on the lower portion of the front placket.

The coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.

The jacket has a zip-off removable hood which features a drawcord tightening and a snap closure at the chin. There is a full front opening secured by a zipper with a reversible zipper pull. The garment's sleeve cuffs and waistband are elasticized. When the jacket is worn on the polyester fabric side it has two front slash pockets at the waist. The name "Packers" is embroidered on the garment's front and back panels and there are various sewn-on emblems featuring the "NFL" logo and the letters "P" and "G".

When the jacket is worn on the 60% cotton/40% polyester fabric side it has two front slash pockets at the waist, a reflective strip on the collar and various sewn-on emblems on the front and back panels. The emblems feature the "Packers" name, the "NFL" logo and the letters "P" and "G".

The sample is being returned to you.

If the jacket passes the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTS), Chapter 62, U.S. Note 2, then the applicable HTS subheading for the garment will be 6201.93.3000, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.5 percent ad valorem.

If the jacket does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6201.93.3511, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 29.1 percent ad valorem.

In accordance with GRI 3(c) of the Harmonized Tariff Schedules when goods cannot be classified by reference to GRI Rule 3(a) or 3(b), they are to be classified in the heading which occurs last in numerical order among those which equally merit consideration in determining their classification. In this case neither the 100% polyester fabric side nor the 60% cotton/40% polyester fabric side of the jacket provides the essential character. Therefore, classification will be as polyester based on the above.

We note that this garment is marked with the country of origin and fiber content by means of a fabric label sewn inside one of the pockets. The Customs Service has previously ruled that this form of marking the country of origin is not conspicuous for purposes of Section 304 TA (19 U.S.C. 1304) and 19 CFR 134.41(b). Customs has specifically approved adding a cardboard hangtag affixed through the neck with a plastic anchor as an acceptable method of marking reversible jackets provided the hangtag is legibly, conspicuously and permanently marked in accord with 19 U.S.C. 1304 and 19 CFR Part 134 (factors which we can not determine in this ruling since a marked sample tag was not submitted for our review).

Textile fiber products imported into the U.S. must also be labeled in accordance with the Textile Fiber Products Identification Act and the rules promulgated thereunder by the Federal Trade Commission for which U.S. Customs does not issue rulings.

The jacket falls within textile category designation 634. Based upon international textile trade agreements products of Indonesia are presently subject to quota restraints 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. 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.

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 212-466-5851.

Sincerely,

Roger J. Silvestri
Director

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