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NY G85402




January 11, 2001

CLA-2-62:RR:NC:WA:357 G85402

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020; 6210.40.5050

Ms. Lisa Zwaga
LaCrosse Rainfair Safety Products Division 3600 South Memorial Drive
Racine, WI 53403

RE: The tariff classification of two men's packable jackets and a man's packable reversible padded sleeveless jacket from China, Taiwan and the Philippines; Composite Goods

Dear Ms. Zwaga:

In your letter dated December 13, 2000, on behalf of LaCrosse Footwear, Inc., dba LaCrosse Rainfair Safety Products, you requested a classification ruling.

Three samples were submitted as follows: Style number CP-00-33 is a man's hip-length jacket and style number CP-00-36 is a man's thigh-length jacket. Each jacket has an outershell constructed of color blocked fabric inserts. The color blocked fabric inserts are composed of a woven 100% polyester pongee fabric that has a visible polyurethane coating on the inner surface and of a woven ripstop 100% nylon fabric that has a visible polyurethane coating on the inner surface. On style number CP-00-33 the color blocked inserts are accented with lines of piping fabric. On style number CP-00-36 the color blocked inserts are accented with 1-inch overlay strips of fabric. Each jacket is lined with a woven man-made fiber fabric.

Each jacket has a stand-up collar, a full front opening that is secured by a zipper closure and a double storm flap with snap closures that covers the zipper area. Each jacket also has an additional secondary inner zipper and a tab with a snap closure at the nape of the neck. In a phone conversation and in specification sheets you submitted with your letter it was indicated that the secondary zipper and the tab at the nape of the neck could be used to attach a reversible padded sleeveless jacket or vest. It was further indicated that the padded sleeveless jacket or vest will be imported and sold separately from the jackets.

Each jacket has a zippered pocket along the right front placket, two welted front pockets with zipper closures at the waist area and long sleeves that have elastic and a tab with a hook and loop fastener on the cuffs. Style number CP-00-33 has elastic on each side of the bottom hem. Style number CP-00-36 has a drawcord tightening at the waist and a straight cut hemmed bottom. Each jacket has a detachable snap-off hood that can be rolled up and concealed within the jacket's collar by four snaps. The hood is lined with a woven man-made fiber fabric and features a drawcord tightening, three hook and loop fasteners at the chin and a barrel shaped mesh pouch insert sewn into the center portion of the lining. The mesh pouch has an opening on one end that is secured by a drawcord tightening and a hook and loop fastener. The pouch can be inverted and the jacket can be folded and secured within the pouch by pulling the drawcord closure and securing the hook and loop fastener. This allows the wearer to pack and carry the jacket. In a phone conversation you stated that when imported the jacket and hood will not be packaged or sold separately.

Style number CP-00-37 is a man's hip-length reversible padded sleeveless jacket. One side of the garment is constructed of a shell that is composed on the front and rear yokes of a woven 100% polyester fabric which is visibly coated on the inner surface with polyurethane. The remaining portions of the front and rear panels are composed of a heavily knit brushed 100% polyester fleece fabric. The other side of the garment is constructed of a shell that is entirely composed a woven 100% polyester fabric which has a visible polyurethane coating on the inner surface. The garment has a 4-inch ribbed-knit fabric insert on each side that is composed of a 100% polyester fabric and extends from under the armhole to the bottom hem.

The padded sleeveless jacket has a stand-up collar, oversized armholes and a full front opening that is secured by a reversible zipper pull closure. The woven side of the garment has two front pockets with zipper closures at the waist. The knit side of the garment has a pocket on the right chest, a pocket on the left front panel located at the waist and a free-hanging rear yoke that is secured by a hook and loop fastener. The free-hanging rear yoke covers a sewn-in mesh pouch insert. The mesh pouch can be inverted and the padded sleeveless jacket can be folded and secured within the pouch by the hook and loop fastener on the rear yoke. This allows the wearer to pack and carry the garment.

The samples are being returned to you as you have requested.

The applicable subheading for style numbers CP-00-33 and CP-00-36 will be 6210.40.5020, 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 anoraks, (including ski-jackets), windbreakers and similar articles. The duty rate will be 7.2 percent ad valorem.

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 polyester fleece fabric nor the woven polyester fabric of the padded sleeveless jacket provides the essential character. Therefore, classification will be as woven based on the above.

The applicable subheading for style number CP-00-37 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 7.2 percent ad valorem.

We note that the padded sleeveless jacket is not marked with the country of origin and fiber content. 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.

Style numbers CP-00-33 and CP-00-36 fall within textile category designation 634. Style number CP-00-37 falls within textile category designation 659. Based upon international textile trade agreements products of China, Taiwan and the Philippines 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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