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NY H85042




September 4, 2001

CLA-2-62:RR:NC:WA:357 H85042

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.2020

Mr. Charles Spoto
Alba Wheels Up International, Inc.
150-3- 132nd Avenue
Suite 208
Jamaica, N.Y. 11434

RE: The tariff classification of a woman’s reversible padded sleeveless jacket from Macau

Dear Mr. Spoto :

In your letter dated August 10, 2001, on behalf of Eastern Pacific Apparel, Inc., you requested a classification ruling.

The sample submitted, style number 6511EA, is a woman’s hip-length reversible padded sleeveless jacket. One shell of the garment is constructed of a knit brushed 100% polyester fleece fabric. The other side is constructed of a woven 83% polyester/17% nylon fabric.

The padded sleeveless jacket has a stand-up collar, oversized armholes, a full front opening that is secured by a reversible zipper pull closure that extends to the top of the collar and a straight cut hemmed bottom. Each side has two front slash pockets at the waist and the logo “EP Pro” embroidered onto the rear portion of the collar.

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 polyester/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 6202.93.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for other women’s or girls’ 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 Macau are not presently subject to quota restraints but a visa is required.

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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