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NY G85416





January 8, 2001

CLA-2-62:RR:NC:WA:357 G85416

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0060; 6110.20.2065; 6201.91.2011; 6201.92.2051; 6202.92.2026

Mr. Matt Martin
Arcoiris Imports
P.O. Box 849
Middlebury, VT 05753

RE: The tariff classification of two men's jackets, a woman's jacket, a woman's tank top and a man's pullover from Nepal

Dear Mr. Martin:

In your letter received in this office December 13, 2000, you requested a classification ruling.

Five samples were submitted as follows: Style number 8 is a woman's tank top constructed of a knit 100% cotton fabric. The tank top has two 1/2-inch shoulder straps, a u-shaped neckline in the front and back, decorative cotton embroidery on the front chest and a hemmed bottom.

Style number 9 is a man's pullover constructed of a knit 100% cotton jersey fabric. The pullover has a ribbed-knit crew neckline, short hemmed sleeves, decorative large cotton embroidery on the center chest and a hemmed bottom.

Style number 12 is a woman's lower hip-length pullover jacket. The jacket has an outershell constructed of a flower and leaf design woven 100% cotton velveteen fabric. The jacket is lined with a woven 100% cotton fabric. The garment has an integral hood with a drawcord tightening and a partial opening at the neck that is secured by a toggle and loop closure. The jacket also has a small zippered pocket that is covered by a flap on the center chest, two side seam pockets at the waist, long hemmed sleeves and a drawcord tightening through the bottom hem.

Style number 13 is a man's lower hip-length jacket constructed of a shell which is composed of a woven 100% cotton corduroy fabric. The jacket is not lined. The jacket has an integral hood and a full front opening that is secured by a zipper closure. The garment has long hemmed sleeves with decorative cotton embroidery along the length of each sleeve, two front pockets with slash openings at the waist and a straight cut hemmed bottom.

Style number 14 is a man's lower hip-length jacket constructed of an outershell that is composed of a woven 100% wool fabric. The jacket is lined with a woven 100% cotton fabric. The jacket has a stand-up mandarin-style collar and a full front opening that is secured by five left-over-right toggle and loop closures. The garment has two front slash pockets at the waist, long hemmed sleeves and a straight cut hemmed bottom. The jacket features decorative contrasting color 1-inch textile trim inserts along the front placket, on the lower portion of each sleeve, on the pockets and along the front hem.

In a phone conversation you indicated that style numbers 12, 13 and 14 are not coated.

The samples are being returned to you

The applicable subheading for style number 8 will be 6109.10.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for other: women's tank tops: knitted or crocheted: of cotton. The duty rate will be 17.8 percent ad valorem.

The applicable subheading for style number 9 will be 6110.20.2065, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of cotton: other: other: men's or boys'. The duty rate will be 17.8 percent ad valorem.

The applicable subheading for style number 12 will be 6202.92.2026, Harmonized Tariff Schedule of the United States (HTS), which provides for other women's anoraks, windbreakers and similar articles: of cotton: other: corduroy. The duty rate will be 9.1 percent ad valorem.

The applicable subheading for style number 13 will be 6201.92.2051, Harmonized Tariff Schedule of the United States (HTS), which provides for other men's anoraks, windbreakers and similar articles: of cotton: other. The duty rate will be 9.6 percent ad valorem.

The applicable subheading for style number 14 will be 6201.91.2011, Harmonized Tariff Schedule of the United States (HTS), which provides for other men's anoraks, windbreakers and similar articles: of wool or fine animal hair. The duty rate will be 50.7ยข/kg + 20.1 percent ad valorem.

In your letter you also requested information pertaining to the fiber content labeling of the garments. In a phone conversation with you it was indicated that textile fiber products imported into the U.S. must be labeled in accordance with the Textile Fiber Products Identification Act and that wool fiber products imported into the U.S. must be labeled in accordance with the Wool Products Labeling Act of 1939 and the rules promulgated thereunder by the Federal Trade Commission, for which U.S. Customs does not issue rulings. For further information please contact the Federal Trade Commission located at 600 Pennsylvania Ave., NW, Washington, D.C. 20580, or at the Web site http:/www.ftc.gov.

Style number 8 falls within textile category designation 339. Style number 9 falls within textile category designation 338. Style number 12 falls within textile category designation 335. Style number 13 falls within textile category designation 334. Based upon international textile trade agreements products of Nepal are not presently subject to quota restraints but a visa is required.

Style number 14 falls within textile category designation 434. Based upon international textile agreements products of Nepal are neither 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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