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NY G85811





February 13, 2001

CLA-2-62:RR:NC:WA:357 G85811

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020

Ms. Carol Mossa
Augusta Sportswear
P.O. Box 14939
Augusta, GA 30919

RE: The tariff classification of a man’s reversible jacket from Macau; Visibly Coated

Dear Ms. Mossa:

In your letter dated January 17, 2001, you requested a classification ruling.

The sample submitted, prototype #4, “Reversible Street Coat/Jacket with Lining”, is a man’s lower-hip-length reversible jacket. One side of the jacket is constructed of a shell composed of a brushed knit 100% polyester fabric. The other side is constructed of a shell that is composed of a woven 100% nylon fabric which has a visible polyvinyl chloride coating.

The jacket has a stand-up collar, a full front opening that is secured by a reversible zipper pull closure, long sleeves with elasticized cuffs and a drawcord tightening through the bottom hem. The knit side of the jacket has two front slash pockets at the waist. The woven side has a zippered pocket along the left placket, two front pockets with zipper closures at the waist and an overlay strip of fabric across the back yoke. The bottom hem is cut straight in the front and is cut round and longer in the rear.

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 polyester fabric nor the woven nylon fabric provides the essential character. Therefore, classification will be as woven based on the above.

The applicable subheading for the jacket 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.

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.

The jacket falls within textile category designation 634. Based upon international textile trade agreements products of Macau 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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