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NY F83251




March 6, 2000

CLA-2-62:RR:NC:WA:357 F83251

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.2020; 6201.93.3000; 6201.93.3511; 6202.93.4500; 6202.93.5011

Ms. Teri Berlant
Geo. S. Bush & Co., Inc.
P.O. Box 8829
Portland, Oregon 97208-8829

RE: The tariff classification of a man's and a boy's reversible padded sleeveless jacket, a boy's reversible jacket and a woman's jacket from the Philippines and Taiwan

Dear Ms. Berlant:

In your letter dated February 10, 2000, on behalf of Fred Meyer, Inc., you requested a classification ruling.

Four samples were submitted as follows: Style number 7527 is a man's hip-length reversible padded sleeveless jacket. One side of the jacket is constructed of a shell composed of a knit sherpa 65% polyester/35% acrylic fabric. The other side is constructed of a shell composed of a woven 100% nylon fabric which you indicate has a 600mm polyurethane coating on the inner surface.

The padded sleeveless jacket has a stand-up collar with a drawcord tightening, a full front opening secured by a reversible zipper pull closure, oversized armholes and a drawcord tightening through the bottom hem. The knit sherpa fabric side of the garment has a textile locker loop on the rear yoke and two side seam pockets at the waist. The woven nylon fabric side has a zippered pocket on the left chest and two front zippered pockets at the waist.

Style number 7638 is a boy's hip-length reversible padded sleeveless jacket. One side of the garment is constructed of a shell composed of a knit brushed 100% polyester fleece fabric. The other side is constructed of a shell composed of a woven 100% nylon fabric which you indicate has a clear acrylic coating on the inner surface.

The padded sleeveless jacket has a stand-up collar, a full front opening secured by a reversible zipper pull closure, oversized armholes and a straight cut bottom hem. The knit polyester fabric side of the garment has a left chest pocket secured by a flap with a "VELCRO"-type fastener and two front zippered pockets at the waist. On the woven nylon fabric side there are two front zippered pockets at the waist.

Style number 7637 is a boy's hip-length reversible pullover jacket. One side of the jacket is constructed of a shell composed of a knit brushed 100% polyester fleece fabric. The other side is constructed of a shell composed of a woven 100% nylon fabric which you state has a 600mm clear acrylic coating on the inner surface.

The pullover jacket has a stand-up collar with a partial opening at the neck that is secured by a reversible zipper pull closure. The garment also has long sleeves with elasticized cuffs and a drawcord tightening through the bottom hem. The knit polyester fabric side of the garment has two front pockets at the waist. The woven nylon fabric side of the garment has a front handwarmer pocket at the waist.

Style number 4534 is a woman's hip-length jacket. The jacket is constructed of a shell that is composed of a woven 100% polyester fabric on the outer surface and a knit 100% polyester tricot fabric on the inner surface with a 450mm polyurethane plastic in between. The garment is lined with a knit 65% polyester/35% cotton jersey fabric.

The jacket has an integral hood and a full front opening secured by a zipper closure. The garment also has long hemmed sleeves, two front welt pockets and a straight cut bottom hem.

The coating on each garment is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.

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 the case of style numbers 7527, 7638 and 7637, neither the knit fabric nor the woven fabric provides the essential character. Therefore, classification will be as woven based on the above.

The applicable subheading for style numbers 7527 and 7638 will be 6201.93.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for other men's or boys' padded, sleeveless jackets, of man-made fibers. The duty rate will be 15.7 percent ad valorem.

If style number 7637 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 7.3 percent ad valorem.

If style number 7637 does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6201.93.3521, which provides for other boys' anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 28.4 percent ad valorem.

If style number 4534 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 6202.93.4500, which provides for other women's anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.3 percent ad valorem.

If style number 4534 does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6202.93.5011, which provides for other women's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 28.4 percent ad valorem.

We note that style numbers 7527, 7638 and 7637 are not 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.

Style numbers 7527 and 7638 fall within textile category designation 659. Style number 7637 falls within textile category designation 634. Style number 4534 falls within textile category designation 635. Based upon international textile trade agreements products of the Philippines and Taiwan are presently subject to quota restraints 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.

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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