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NY D85169




December 9, 1998

CLA-2-62:RR:NC:WA:357 D85169

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3511

Ms. Wendy Pate
C.H. Robinson International, Inc.
1640 Phoenix Boulevard
Suite 260
College Park, GA 30349-1563

RE: The tariff classification of a man's reversible pullover jacket from Hong Kong

Dear Ms. Pate:

In your letter dated October 28, 1998, on behalf of David Geoffrey & Associates, you requested a classification ruling.

The sample submitted, style number 713, is a man's hip-length reversible pullover jacket. One side of the jacket is constructed of a knit 100% cotton fabric. The other side is constructed of a woven 100% polyester microfiber fabric. In a phone conversation you stated that the polyester fabric is not coated for water resistance.

The garment has a cross-over crew-neck style collar composed of a ribbed-knit fabric, long sleeves with ribbed-knit fabric sleeve cuffs and a ribbed-knit fabric waistband. There are two side seam pockets both on the knit side and on the woven side.

The sample is being returned to you.

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 knit cotton side nor the woven polyester side of the jacket provides the essential character. Therefore, classification will be as woven polyester based on the above.

The applicable subheading for the jacket will be 6201.93.3511, Harmonized Tariff Schedule of the United States (HTS), which provides for other men's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 28.8 percent ad valorem.

We note that this item is not 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 ruled that country of origin marking on reversible outerwear garments by means of a sewn-in label in one of the pockets and an additional hangtag affixed through the neck with a plastic anchor meets the marking requirements provided the label and hangtag are legibly, conspicuously and permanently marked in accordance with Section 304 TA (19 U.S.C. 1304) and 19 CFR Part 134.

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 Hong Kong 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,

Robert B. Swierupski
Director,

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