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NY I81016




May 24, 2002

CLA-2-62:RR:NC:WA:357 I81016

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.12.2050; 6210.50.9050

James J. Kelly
Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of a woman’s coat and jacket from Hong Kong; Visibly Coated

Dear Mr. Kelly:

In your letter dated April 25, 2002, on behalf of Jones Apparel Group USA, Inc., you requested a classification ruling.

Two samples were submitted as follows: Style number M1C501226 is a woman’s lower thigh-length reversible short coat. One shell of the coat is a solid color woven 100% cotton poplin fabric. The other shell is a woven plaid design 100% cotton poplin fabric.

The coat has an integral hood with a drawcord tightening, a full front opening secured by a reversible zipper pull closure that extends to the chin area, long hemmed sleeves, grommets under each armhole for ventilation and a straight cut hemmed bottom. The solid color shell fabric has two slanted front pockets below the waist that are secured by flaps with two snap closures. The “Lauren RL” logo is featured on each snap and on the metal cord lock on the hood. The plaid fabric side has two slash pockets below the waist. The “Lauren RL” logo is embroidered onto the right pocket.

Style number M1C491266 is a woman’s upper thigh-length jacket constructed of a woven cotton twill fabric which has a visible rubberized coating on the inner surface. The garment is lined with a woven 100% cotton fabric. The jacket has an integral hood with a drawcord tightening, a fold-down collar with two button and loop fasteners, a full front opening secured by a zipper closure and an overlapping flap with six snaps that covers the zipper area. The hood can be folded and stored within the garment’s collar by a zipper closure. The jacket features a pocket on the left chest that has a flap with a snap closure, long sleeves with a one-snap closure on the cuffs, two front pockets secured by flaps with a snap closure below the waist and a straight cut hemmed bottom.

The samples are being returned to you.

The applicable subheading for style number M1C501226 will be 6202.12.2050, Harmonized Tariff Schedule of the United States (HTS), which provides for other: women’s overcoats, carcoats, capes, cloaks and similar coats: of cotton. The duty rate will be 9 percent ad valorem.

The applicable subheading for style number M1C491266 will be 6210.50.9050, 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 women’s or girls’ garments: other: other: anoraks, (including ski-jackets), windbreakers and similar articles. The duty rate will be 6.3 percent ad valorem.

We note that style number M1C501226 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.

Style numbers M1C491266 and M1C501226 fall within textile category designation 335. 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 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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