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NY F80098





December 17, 1999

CLA-2-62:RR:NC:WA:357 F80098

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.99.1000

Ms. Allison M. Baron
Sharretts, Paley, Carter & Blauvelt, P.C. Seventy-five Broad Street
New York, N.Y. 10004

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

Dear Ms. Baron:

In your letter dated November 11, 1999, on behalf of your client, Foreign Resources Corp., you requested a classification ruling.

The sample submitted, style number 9100L, is a woman's hip-length reversible padded sleeveless jacket. The garment is constructed on one side of a shell composed of a woven 100% nylon coated fabric. The other side is constructed of a shell composed of a woven 75% silk/25% nylon fabric. The garment is quilted on both shells to a 55% duck down/45% waterfowl and other feathers fill. You indicate in your letter that the identical garment will also be imported under style number 9100W in plus sizes.

The coating on the nylon shell fabric is not visible as that term is defined in the tariff, therefore HTS 6210 is not a consideration.

The garment has a stand-up collar, is sleeveless with oversized armholes, and has a full front opening that is secured by a reversible zipper pull closure that extends to the top of the garment's collar. The padded sleeveless jacket features two front pockets with zipper closures at the waist on the nylon fabric side. On the 75% silk/25% nylon fabric side there are two front slash pockets at the waist and a right chest pocket. The garment has a straight cut bottom hem.

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 nylon side nor the woven 75% silk/25% nylon side provides the essential character. Therefore, classification will be as 75% silk/25% nylon based on the above.

The applicable subheading for the padded sleeveless jacket will be 6202.99.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for anoraks, windbreakers and similar articles (including padded sleeveless jackets): 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. The duty rate for the year 2000 will be 1.2 percent ad valorem.

We note that the garment is not marked with the country of origin and fiber content. 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 304TA (19 U.S.C. 1304) and 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 Customs does not issue rulings.

The padded sleeveless jacket falls within textile category designation 735. Based upon international textile trade agreements products of China, Singapore, United Arab Emirates, Malaysia, Cambodia, Sri Lanka and Qatar are not presently subject to quota restraints nor the requirement of a visa.

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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