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NY G81730





October 19, 2000

CLA-2-62:RR:NC:WA:357 G81730

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5050

Ms. Cindy Vinson
International Freight Forwarders, Inc.
P.O. Box 45505
Atlanta, GA 30320

RE: The tariff classification of a man's reversible padded sleeveless jacket from Hong Kong

Dear Ms. Vinson:

In your letter dated September 22, 2000, on behalf of Kudzu LLC/The Game, you requested a classification ruling.

The sample submitted, style number 20078, is a man's hip-length reversible padded sleeveless jacket. One side of the garment is constructed of a brushed knit 100% polyester fleece fabric. The other side is constructed of a woven 100% nylon fabric which has a visible polyurethane coating on the inner surface.

The garment has an integral hood with a drawcord tightening, a full front opening that is secured by a zipper closure, oversized armholes and a drawcord tightening through the bottom hem. The knit side of the garment has two slanted front pockets with zipper closures at the waist. The woven side has two slanted front pockets at the waist that are covered by an overlay of fabric.

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

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 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 Hong Kong 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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