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NY H86815




January 16, 2002

CLA-2-62:RR:NC:WA:357 H86815

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.5011

Ms. Pilar Dorfman
E. Besler & Co.
P.O. Box 66361
Chicago, Illinois 60666-0361

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

Dear Ms. Dorfman:

In your letter dated December 13, 2001, on behalf of LTD Commodities, Inc., you requested a classification ruling.

The sample submitted, style name “OKO-Tri Color Berber Coat”, is a woman’s upper thigh-length reversible jacket. One shell is constructed of a tri-color knit berber 70% polyester/30% rayon fabric. The other shell is constructed of a woven 100% nylon fabric. In a phone conversation you indicated that the garment does not have a coating for water resistance.

The jacket has a fold-down round edge collar composed of a knit berber fabric and a full front opening that is secured on the knit side of the garment by a right-over-left five-button closure and on the woven side by a left-over-right five-button closure. The jacket has long sleeves with fold-over cuffs that are composed of the knit berber fabric, two front slash pockets on the nylon fabric side of the garment and two front welt pockets on the knit fabric side. The garment is trimmed with an acrylic capping fabric surrounding its edges.

The sample is being returned to you as you have requested.

In accordance with General Rule of Interpretation (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 70% polyester/30% rayon fabric nor the woven 100% nylon fabric provides the essential character. Therefore, classification will be as woven 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, windbreakers and similar articles: of man-made fibers. The duty rate will be 28.1 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. Information on these labeling requirements may be obtained at the FTC website at WWW.FTC.GOV.

The jacket falls within textile category designation 635. Based upon international textile trade agreements products of China 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 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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