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NY F83654




March 29, 2000

CLA-2-62:RR:NC:WA:357 F83654

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020; 6210.40.5050

Mr. Charles Santarelli
Mersant International Ltd.
158-12 Rockaway Boulevard
Jamaica, N.Y. 11434-4840

RE: The tariff classification of a man's jacket and reversible padded sleeveless jacket set from Korea; Visibly Coated

Dear Mr. Santarelli:

In your letter dated February 24, 2000, on behalf of Europe Craft Imports, you requested a classification ruling.

The sample submitted, style number G21971605, is a man's two-piece jacket and padded sleeveless jacket set. The set consists of a hip-length outer jacket and a hip-length inner padded sleeveless jacket which can be zippered together along the front edges and snapped together at the nape of the neck and at the side seams so as to be worn as one garment. Although the garments are worn together, each garment can also be worn separately and will be classified as a separate garment.

The outer jacket is constructed of a shell which is composed of a woven 100% polyester fabric that has a visible breathable polyurethane lamination on the inner surface. The jacket is lined with a woven man-made fiber fabric.

The outer jacket features a full front opening secured by a zipper closure, as well as a secondary zipper for attaching the inner padded sleeveless jacket. An overlapping flap with three snap closures covers the zipper area. The jacket has zip-off sleeves, which are removable at the armholes, a stand-up collar, two front zippered pockets at the waist, an inner pocket and an elasticized waistband. The garment's sleeve cuffs are also elasticized and feature inner storm cuffs that are composed of a ribbed knit fabric. The garment has a textile loop at the nape of the neck and two elastic loops on the side seams for attaching the inner padded sleeveless jacket.

The inner padded sleeveless jacket is reversible. 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 that has a visible milky polyurethane coating on the inner surface. The garment features a stand-up collar, is sleeveless with oversized armholes, is elasticized on each side of the waistband 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 garment has two front slash pockets on both sides of the garment. On the woven side of the garment there is a tab with a snap closure at the nape of the neck and on each side seam that are used to attach it to the outer jacket.

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 this case neither the knit polyester fabric side of the padded sleeveless jacket nor the woven nylon fabric side provides the essential character. Therefore, classification will be as woven based on the above.

The applicable subheading for the outer jacket will be 6210.40.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: other men's or boys' garments: of man-made fibers: other anoraks, (including ski-jackets), windbreakers and similar articles. The duty rate will be 7.3 percent ad valorem.

The applicable subheading for the padded sleeveless jacket will be 6210.40.5050, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: other men's or boys' garments: of man-made fibers: other, other. The duty rate will be 7.3 percent ad valorem.

We note that the 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 outer jacket falls within textile category designation 634. The inner jacket falls within textile category designation 659. Based upon international textile trade agreements products of Korea 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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