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NY G82987





October 27, 2000

CLA-2-62:RR:NC:TA 360 G82987

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.33.5010

Mate Sebestyen
Priority Airfreight Limited
130-29 135th Avenue
South Ozone Park, NY 11420

RE: The tariff classification of a woman’s jacket from China

Dear Sir/Madam:

In your letter dated September 30, 2000, you requested a classification ruling on behalf of Formal Fabrics Ltd. The sample submitted with your request will be returned to you under separate cover.

Style 6005 is a woman’s jacket constructed from 100 percent polyester openwork fabric. The jacket features long sleeves, a V-neckline and a full front opening secured by one button. The garment is designed to be worn over an evening dress or ensemble.

The applicable subheading for style 6005 will be 6204.33.5010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): suit-type jackets and blazers: of synthetic fibers: other: women’s. The duty rate will be 28 percent ad valorem.

Style 6005 falls within textile category designation 635. Based upon international textile trade agreements products of China are subject to quota restraints and a visa requirement.

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.

You have also questioned the correct means of marking the garment. It is your contention that a label in the neck is not feasible due to the openwork fabric. You suggest the use of a hangtag but have not included a sample or indicated what will be on the label or how it would be attached to the garment.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304) provides that unless excepted by law...every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to an ultimate purchaser in the U.S. the English name of the country of origin of the article, at the time of importation into the Customs territory of the U.S.

Part 134, Customs Regulations (19 C.F.R. §134.41), implements the country of origin marking requirements and exceptions of 19 U.S.C. §1304. Section 134.41(b), Customs Regulations (19 C.F.R. §134.41(b)), requires that the marking be conspicuous enough that an ultimate purchaser will be able to find the marking easily and read it without strain. The degree of permanence of the marking should be at least sufficient to insure that in any reasonably foreseeable circumstance, the marking shall remain on the article until it reaches the ultimate purchaser unless it is deliberately removed. The marking must survive normal distribution and store handling.

With regard to the use of a hangtag, Customs has ruled in T.D. 54640(6) that shirts, blouses, coats and sweaters must be legibly and conspicuously marked by means of a fabric label sewn on the inside center of the neck midway between the shoulder seams or in that immediate area or otherwise permanently marked in that area in some other manner. Customs has allowed that certain reversible garments may be marked by means of a label looped around the hanger of the garments provided the two label ends are firmly stitched together (T.D. 55015(4)). As a result, use of a hangtag would be acceptable if each is attached with sufficient permanence so as to remain with the garment until it reaches the ultimate purchaser. The proposed hangtag must meet all the specifications noted above, to be in full compliance with 19 U.S.C. §1304 and 19 C.F.R. Part 134.

Additionally, please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information regarding guidelines for the use of hantags.

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 Patricia Schiazzano at 212-637-7080.

Sincerely,

Robert B. Swierupski
Director,

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