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NY G84704





December 15, 2000

CLA-2-62:RR:NC:TA:357 G84704

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020

Ms. Ellen A. DiLapi
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 245 Park Avenue
New York, NY 10167-3397

RE: The tariff classification of a boys’and men’s reversible jacket from China

Dear Ms. DiLapi:

In your letter dated November 30, 2000, on behalf of GIII Apparel, you requested a classification ruling. A sample in a boys’ size was submitted and is being returned as you requested.

The item in question, style 7540, is a hip-length varsity jacket with a seven-snap, left-over-right closure on both sides. It also has slant pockets at the waist on both sides, rib-knit cuffs, collar and waistband and a “New York Knicks” embroidered logo on both sides in the left chest. One side of the jacket has a body composed of a 55% wool/45% rayon woven fabric and sleeves of imitation leather polyurethane coated knit fabric. The other side is made entirely of woven polyester fabric with a polyurethane coating. This coating, while visible, does not completely obscure the underlying fabric.

The wool/rayon blend side of the garment with coated fabric sleeves is classifiable under heading 6201, while the polyurethane coated woven polyester side is classifiable under heading 6210. In accordance with Legal Note 5 to Chapter 62, HTS, when goods are classifiable under heading 6210 and any other heading within the chapter (other than heading 6209), they are to be classified under heading 6210. Therefore, the applicable subheading for this reversible jacket will be 6210.40.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s or boys’ anoraks, windbreakers and similar articles, of man-made fibers, made up of fabrics of heading 5903, 5906 or 5907. The duty rate will be 7.3 percent ad valorem for 2000 and 7.2 percent ad valorem for 2001.

This jacket falls within textile category designation 634. Based upon international textile trade agreements products of China are subject to quota 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.

We note that this 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.

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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