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NY H87259




February 15, 2002

CLA-2-62:RR:NC:WA:357 H87259

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.2020; 6202.93.2020

Ms. Kathryn Smith
Nike, Inc.
One Bowerman Drive
Beaverton, OR 97005-6453

RE: The tariff classification of a man’s reversible padded sleeveless jacket and a woman’s reversible padded sleeveless jacket from Thailand

Dear Ms. Smith:

In your letter dated January 20, 2002, you requested a classification ruling.

Two samples were submitted as follows: Style number 181225, “Men’s ACG Reversible Vest”, is a man’s hip-length reversible padded sleeveless jacket. One side of the garment is constructed of a shell composed of a knit brushed 100% polyester fleece fabric. The other side is constructed of a woven 100% polyester fabric.

The padded sleeveless jacket has a stand-up collar, oversized armholes, a full front opening secured by a reversible zipper pull closure and a drawcord tightening through the bottom hem. The knit fabric side of the garment has a vertical zippered pocket on the left chest that is composed of a woven fabric and features the Nike “ACG” logo. The “Therma-Fit” logo is embroidered onto the bottom portion of the right front panel. The woven fabric side of the garment has two front vertical zippered pockets at the waist, a small pocket with a hook and loop fastener inside the right front pocket, a horizontal zippered pocket on the lower portion of the rear panel and a textile label on the lower portion of the left side seam that features the Nike “ACG” logo.

Style number 261942, “Women’s ACG Reversible Vest”, is a woman’s hip-length reversible padded sleeveless jacket. One side of the garment is constructed of a shell composed of a knit brushed 100% polyester fleece fabric. The other side is constructed of a woven 100% polyester fabric. The padded sleeveless jacket has a stand-up collar, oversized armholes, a full front opening secured by a reversible zipper pull closure and a straight cut bottom hem. The knit fabric side of the garment has the Nike “ACG” logo on the left chest, two front pockets with side openings at the waist and the “Therma-Fit” logo embroidered onto the bottom portion of the right front panel. The woven fabric side of the garment has the Nike “ACG” logo on the left chest, two front vertical zippered pockets at the waist, a small pocket with a hook and loop fastener inside the right front pocket and the “Clima-Fit” logo embroidered onto the bottom portion of the right front panel.

The samples are 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 the case of both styles 181225 and 261942 neither the knit polyester fabric nor the woven polyester fabric provides the essential character. Therefore, classification will be as woven based on the above.

The applicable subheading for style 181225 will be 6201.93.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s or boys’ padded sleeveless jackets, of man-made fibers: other. The duty rate will be 15.3 percent ad valorem.

The applicable subheading for style 261942 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 15.3 percent ad valorem.

We note that each 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. Information on these labeling requirements may be obtained at the FTC website at WWW.FTC.GOV.

Both style numbers 181225 and 261942 fall within textile category designation 659. Based upon international textile trade agreements products of Thailand 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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