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NY F81990




February 10, 2000

CLA-2-62:RR:NC:WA:357 F81990

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.2020

Ms. Cathy Johnson
Seattle Pacific Industries, Inc.
P.O. Box 58710
Seattle, WA 98138

RE: The tariff classification of a boy's reversible padded sleeveless jacket from Bangladesh

Dear Ms. Johnson:

In your letter dated January 21, 2000, you requested a classification ruling.

The sample submitted, style number B72V009, is a boy's hip-length reversible padded sleeveless jacket. One side of the garment is constructed of a shell composed of a brushed pile knit 100% polyester fabric. The other side is constructed of a woven 100% nylon fabric.

The padded sleeveless jacket has a stand-up collar, oversized armholes and a full front opening that is secured by a reversible zipper pull closure that features a woven padded hangtag with the "UB" logo. The garment has binding surrounding its edges composed of a knit 100% lycra fabric. The woven fabric side of the garment has two zippered pockets at the waist and a rubber tag with the "UB" logo onto the left side seam. The knit fabric side has two zippered pockets at the waist, one zippered pocket on the left chest and a locker loop with the "Unionbay UB" logo on the back yoke.

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 knit 100% polyester fabric nor the woven 100% nylon fabric provides the essential character. Therefore, classification will be as woven based on the above.

The applicable subheading for the padded sleeveless jacket will be 6201.93.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for other boys' padded sleeveless jackets, of man-made fibers: other. The duty rate will be 15.7 percent ad valorem.

We note that this padded sleeveless jacket is marked with the country of origin 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 padded sleeveless jacket falls within textile category designation 659. Based upon international textile trade agreements products of Bangladesh are not presently subject to quota restraints but a visa is required.

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.

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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