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NY F87287




June 19, 2000

CLA-2-62:RR:NC:WA:357 F87287

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.2020; 6202.93.4500; 6202.93.5011

Ms. Mary C. Hunter
Woolrich, Inc.
One Mill Street
Woolrich, PA 17779

RE: The tariff classification of a woman's jacket and a woman's padded sleeveless jacket from India

Dear Ms. Hunter:

In your letter dated May 24, 2000, you requested a classification ruling.

Two samples were submitted as follows: Style number 624, "Trotter Vest", is a woman's hip-length reversible padded sleeveless jacket. One shell of the padded sleeveless jacket is constructed on the upper two thirds of the front and back panels of a woven 80% wool/20% nylon fabric. The lower one-third of the front and back panels are composed of a woven 100% polyester fabric which is quilted in a diamond pattern to a nonwoven batting insulation. The other shell of the garment is composed entirely of a woven 100% polyester fabric which is also quilted in a diamond pattern to a nonwoven batting insulation. In a phone conversation and on the specification sheet that was submitted with your letter you indicated that the polyester fabric portions of the garment have a "Teflon" coating.

The padded sleeveless jacket has a stand-up collar, oversized armholes, a full front opening that is secured by a reversible zipper pull closure and a straight cut bottom hem. The garment has two front pockets with zipper closures on the wool/nylon fabric side and two front patch pockets on the polyester side.

Style number 16278, "Trotter Jacket", is a woman's upper thigh-length reversible jacket. One shell of the jacket is constructed of a woven 80% wool/20% nylon fabric with a small square "shooter patch" insert on the front portion of each shoulder that is composed of a quilted 100% polyester fabric. The other shell is constructed of a woven 100% polyester fabric that is quilted in a diamond pattern to a nonwoven batting insulation. In a phone conversation and on the specification sheet submitted with your letter you indicated that the polyester fabric portion of the jacket has a "Teflon" coating. The jacket has a stand-up collar, a full front opening that is secured by a reversible zipper pull closure and long hemmed sleeves with a binding fabric at the wrists. The jacket also has binding fabric at the bottom hem. The jacket has two front pockets on the wool/nylon fabric side and two front pockets on the polyester fabric side.

The "Teflon" 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.

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 80% wool/20% nylon fabric nor the woven 100% polyester fabric of both style numbers 624 and 16278 provides the essential character. Therefore, classification for both garments will be as woven polyester based on the above.

The applicable subheading for the padded sleeveless jacket will be 6202.93.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for other women's or girls' padded sleeveless jackets: of man-made fibers. The duty rate will be 15.7 percent ad valorem.

Style number 16278 is eligible for classification as water resistant. If the 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 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 the jacket 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 both style number 624 and style number 16278 are 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 number 624 falls within textile category designation 659. Style number 16278 falls within textile category designation 635. Based upon international textile trade agreements products of India 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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