United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1999 NY Rulings > NY E80438 - NY E80483 > NY E80472

Previous Ruling Next Ruling


May 12, 1999

CLA-2-62:RR:NC:WA:357 E80472

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.99.1000

Mr. Allan H. Kamnitz
Sharretts, Paley, Carter & Blauvelt, P.C. Seventy-five Broad Street
New York, N.Y. 10004

RE: The tariff classification of a woman’s reversible jacket from China, Singapore, the United Arab Emirates, Malaysia, Cambodia, Sri Lanka and Qatar

Dear Mr. Kamnitz:

In your letter dated April 19, 1999, on behalf of your client, Foreign Resources Corp., you requested a classification ruling.

The sample submitted, style number 9002, is a woman’s thigh-length reversible jacket. The jacket is constructed on one side of a shell composed of a woven 60% wool/40% rayon fabric. The other side is constructed of a shell composed of a woven 75% silk/25% nylon fabric. The jacket will also be imported under style number 38050 in plus sizes.

The jacket has a stand-up collar, a full front opening secured by a reversible zipper pull closure that extends to the top of the garment’s collar, elasticized sleeve cuffs and a drawcord tightening through the bottom hem. The 60% wool/40% rayon fabric side of the garment has an overlapping flap with two snap closures that covers the front zipper area, two front patch pockets secured by flaps with snap closures located below the waist and grommets under each armhole for ventilation. The 75% silk/25% nylon fabric side has an overlapping flap with two snap closures which covers the front zipper area and two front patch pockets with flap closures located below the waist.

The sample is 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 woven 60% wool/40% rayon fabric nor the woven 75% silk/25% nylon fabric side of the jacket provides the essential character. Therefore, classification will be as woven 75% silk/25% nylon based on the above.

The applicable subheading for the jacket will be 6202.99.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for woman’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.

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 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,

Previous Ruling Next Ruling

See also: