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NY G85143




January 3, 2001

CLA-2-62:RR:NC:WA:357 G85143

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.2020

Ms. Florence Lai
Ash City
G.H. Imported Merchandise & Sales
2111 McCowan Road
Scarborough, Ontario Canada M1S 3Y6

RE: The tariff classification of a man's reversible padded sleeveless jacket from Myanmar (Burma) and Indonesia

Dear Ms. Lai:

In your letter dated December 4, 2000, you requested a classification ruling.

The sample submitted, style number 88019 (AC-39), is a man's hip-length reversible padded sleeveless jacket. One side of the garment is constructed of a shell composed of a heavily brushed knit 100% polyester fleece fabric. The other side is constructed of a shell composed of a woven 210T taslan 100% nylon fabric which has a 600mm polyurethane coating.

The coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.

The padded sleeveless jacket has a stand-up collar, oversized armholes that have capping surrounding the edges, a full front opening that is secured by a reversible zipper pull closure that extends to the top of the collar and elasticized capping on the bottom hem. The woven side of the garment features a vertical pocket with a zipper closure along the left front placket and two front pockets with zipper closures at the waist. The knit side of the garment has a zipper opening on the rear portion of the collar and two front pockets with zipper closures at the waist.

The sample is being returned to you as you have requested.

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 based on the above.

The applicable subheading for the padded sleeveless jacket will be 6201.93.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for other men's padded sleeveless jackets, of man-made fibers: other. The duty rate will be 15.5 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 Indonesia are presently subject to quota restraints and the requirement of a visa. Products of Myanmar (Burma) are not presently subject to quota restraints nor 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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