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NY E88844




November 26, 1999

CLA-2-62:RR:NC:WA:357 E88844

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Mr. Barry Malloy
Import Brokers International Company
5824 So. Quemoy Circle
Aurora, CO 80015

RE: The tariff classification and country of origin marking of a men’s reversible V-neck pullover jacket from Taiwan or China

Dear Mr. Malloy:

In your letter dated November 1, 1999, on behalf of Colorado Trading & Clothing Company, you requested a classification ruling. A sample was submitted and is being returned as you requested.

The item in question, style CT1590/CT15905, is a men’s reversible V-neck pullover jacket with two woven shell fabrics, both of which are of polyester. The garment extends to the hips and has rib knit cuffs, waistband and crossover collar. Both sides of the garment have side seam pockets at the waist. The solid color side features front and back yokes stitched at the center of the body and covering a mesh interlining.

You indicated in your letter that the garment is treated to be in accordance with the test requirements for classification as water resistant. For garments to be classified in the tariff subheadings for water resistance their water resistance must be the result of an application of a rubber or plastics material. Although you did not specify what has been applied to this garment to render it water resistant, for purposes of this reply we assume that it is a rubber or plastics material.

If the pullover 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 or boys’ anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.4 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 28.6 percent ad valorem.

This garment falls within textile category designation 634. Based upon international textile trade agreements products of Taiwan and China are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

You also requested a decision on a proposed method of marking consisting of a cardboard hangtag attached to the center of the neck with a plastic anchor containing country of origin, fiber content, size and care instructions, in addition to another label sewn inside one of the pockets. You did not provide a sample of the proposed marking.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

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. Therefore, the proposed method of country of origin marking in the pocket supplemented with a hangtag would meet the statutory requirements under Section 304 TA, if meeting these conditions. However, in the absence of a sample marked as you proposed, we cannot rule on whether the legibility, conspicuousness and permanance requirements are satisfied.

Textile fiber products imported into the United States 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. For information on the acceptability of your proposed method of labeling for fiber content and care, you should contact the Federal Trade Commission.

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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