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March 1, 1999

CLA-2-62:RR:NC:WA:357 D87903

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.99.1000

Ms. Gail T. Cumins
Sharretts, Paley, Carter & Blauvelt, P.C. Sixty-seven Broad Street
New York, N.Y. 10004

RE: The tariff classification of two women’s reversible jackets from China, Singapore, The UAE, Malaysia, Cambodia, Sri Lanka and Qatar

Dear Ms. Cumins:

In your letter dated February 8, 1999, on behalf of your client, Foreign Resources Corp., you requested a classification ruling.

Two samples were submitted as follows: Style number 98605 is a woman’s hip-length reversible jacket. One side of the jacket is composed of a knit 60% polyester/40% acrylic pile fabric. The other side is composed of a woven 75% silk/25% nylon fabric. You indicate in your letter that the identical garment will also be imported under style number 38604 in plus sizes.

The jacket has a pointed collar and a full front opening secured by a reversible zipper pull closure that extends to the top of the garment’s collar. The sleeve cuffs are elasticized and there is a drawcord tightening through the bottom hem. There are two side seam pockets on the knit fabric side of the garment and two side seam pockets on the woven fabric side.

The samples are being returned to you as you have requested.

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 60% polyester/40% pile fabric nor the woven 75% silk/25% nylon fabric provides the essential character. Therefore, classification will be as woven 75% silk/25% nylon based on the above.

The applicable subheading for style number 98605 will be 6202.99.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ anoraks, windbreakers and similar articles of other textile materials: containing 70 percent or more by weight of silk or silk waste. The duty rate will be 1.5 percent ad valorem.

For style number 98606 we require cutting specifications due to the method of closure on the woven side; noting Chapter 62 Legal Note 8. In addition please provide cutting specifications for other similarly styled women’s garments for comparison.

We note that style number 98605 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.

Style number 98605 falls within textile category designation 735. Based upon international textile trade agreements products of China, Singapore, The United Arab Emirates, Malaysia, Cambodia, Sri Lanka and Qatar are not presently subject to quota restraints nor 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 212-637-7076.

Sincerely,

Robert B. Swierupski
Director,

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