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NY H83830




July 30, 2001

CLA-2-62:RR:NC:WA:357 H83830

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.5011

Ms. Bernadette Placido
QVC, Inc.
Studio Park
1200 Wilson Drive
West Chester, PA 19380-4262

RE: The tariff classification of a woman’s reversible jacket from Hong Kong

Dear Ms. Placido:

In your letter dated July 19, 2001, you requested a classification ruling.

The sample submitted, item number A100721, is a woman’s upper thigh-length reversible barn-style jacket. One side of the jacket is constructed of a shell composed of a woven 100% cotton corduroy fabric that is quilted in a diamond pattern to a nonwoven batting insulation fill. The other side is constructed of a shell composed of a woven 96% polyester/4% spandex moleskin fabric that is also quilted in a diamond pattern to a nonwoven batting insulation fill. In a phone conversation you indicated that the garment is not coated for water resistance.

The jacket features a fold-down pointed collar, a full front opening that is secured on each side by five right-over-left snap closures and long hemmed sleeves that can be folded over at the wrists to form a cuff that exposes the opposite contrasting color shell fabric. The garment also has two front patch pockets on both shells and a straight cut bottom hem with two side seam vents. The two side seam vents are secured on both sides by two snap closures. Each snap closure has the “Denim & Co.” logo.

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 woven cotton corduroy fabric nor the woven polyester/spandex fabric provides the essential character. Therefore, classification will be as woven 96% polyester/4% spandex based on the above.

The applicable subheading for the jacket will be 6202.93.5011, Harmonized Tariff Schedule of the United States (HTS), which provides for other women’s anoraks (including ski-jackets), windbreakers and similar articles: of man-made fibers. The duty rate will be 28.2 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 635. Based upon international textile trade agreements products of Hong Kong 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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