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NY F89680




August 11, 2000

CLA-2-61:RR:NC:TA:N3:356 F89680

CATEGORY: CLASSIFICATION

TARIFF NO.: 6101.30.2010; 6201.93.3511

Mr. Ryan Rombalski
Environs, Inc. dba Forrester’s
P.O. Box 14370
Portland, OR 97293-0370

RE: The tariff classification of men’s knit and woven garments from Taiwan.

Dear Mr. Rombalski:

In your letter dated July 13, 2000, you requested a tariff classification ruling. As requested, your samples will be returned.

Style ST30-01, "Men's SporTech Fleece JackVest” is a man’s fully lined jacket constructed from 100 percent polyester, finely knit fabric that is napped on the inside and outside surfaces. The lining is constructed from 100 nylon woven fabric. Style ST30-01 features a stand up collar; a full front opening with a zippered closure; long, zip-off sleeves with self-fabric covered elastic cuffs; woven fabric overlays across the front and rear shoulder yokes; zippered slant pockets below the waist; and a straight bottom with a drawcord. There is a woven fabric label sewn to the rear panel below the collar.

Style ST90-01, "Men's SporTech Fleece Reversible ZipOver", is a man'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 woven 100% polyester fabric. In a fax you submitted, you indicated that the garment is not coated for water resistance.

The jacket has a stand-up collar with a partial opening at the neck that is secured by a reversible zipper pull closure. The garment has long sleeves with elasticized cuffs and an elasticized waistband. The knit polyester fabric side of the garment has two side seam pockets with zipper closures at the waist and a textile label with the "Performance Forrester's Outerwear" logo on the back yoke. The woven polyester side has two side seam pockets at the waist and a textile label with the "Performance Forrester's Outerwear" logo on the back yoke.

For style number ST90-01, in accordance with GRI 3(c) of the Harmonized Tariff Schedule of the United States, 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 nor the woven polyester fabric provides the essential character. Therefore, classification will be as woven polyester based on the above.

The applicable subheading for Style ST30-01 will be 6101.30.2010, Harmonized Tariff Schedule of the United States, (HTS), which provides for: men’s or boys’ overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles, other than those of heading 6103: of man-made fibers: other: other: men’s. The duty rate will be 28.9 percent ad valorem.

The applicable subheading for Style ST90-01 will be 6201.93.3511, Harmonized Tariff Schedule of the United States (HTS), which provides for other men's anoraks, windbreakers and similar articles, of man-made fibers. The duty rate will be 28.4 percent ad valorem.

We note that Style number ST90-01 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.

Styles ST30-01 and ST90-01 fall within textile category designation 634. Based upon international textile trade agreements, products of 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 results 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 this ruling letter or the control number indicated above should be attached to the entry documents filed at the time this merchandise is imported. If you have any questions regarding this ruling, contact National Import Specialist Mary Ryan at 212-637-7081.

Sincerely,

Robert B. Swierupski

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