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NY I82050




June 19, 2002

CLA-2-62:RR:NC:WA:357 I82050

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.13.4005

Ms. Amanda Wilson
Dillard’s Inc.
1600 Cantrell Road
Little Rock, AR 72201

RE: The tariff classification of four woman’s raincoats from the Philippines

Dear Ms. Wilson:

In your letter dated May 23, 2002, you requested a classification ruling.

Four samples were submitted as follows: Style number F21CP457 is a woman’s full length raincoat. The raincoat is constructed of a shell composed of a woven 100% polyester fabric which has a fluorine treatment. The garment is lined with a woven 100% polyester fabric and has an additional zip-out liner constructed of a body composed of a woven 100% acrylic fabric and sleeves composed of a woven 52% cotton/48% acetate. The liner is not of the type that can be worn separately.

The raincoat features a detachable hood that is held to the garment by five buttons, a fold-down pointed collar and a double-breasted full front opening that is secured by four right-over-left button closures. The garment has long sleeves with fold-over cuffs, two front slash pockets below the waist, a pocket with a button tab closure on the liner and a straight cut hemmed bottom with a rear vent. The inner portion of the hood and the outer portion of the collar are composed of a velvet fabric.

Style number F21CP303 is a woman’s raincoat that extends to the knee area. The raincoat is constructed of a shell composed of a woven 88% polyester/12% nylon fabric which has a polyurethane coating on the inner surface. The raincoat is lined with a woven 100% polyester fabric and has an additional zip-out liner. The zip-out liner is of a pieced construction with a body composed on the upper portion of a woven 100% acrylic fabric and on the lower portion of a woven quilted 50% acetate/50% nylon fabric, with sleeves composed of a woven 52% cotton/48% acetate fabric. The liner is not of the type that can be worn separately. The raincoat has a detachable hood that is held to the garment by five buttons, a fold-down pointed collar and a full front opening that is secured by a hidden right-over-left four button closure along the front placket. The inner portion of the hood and the outer portion of the collar are composed of a velvet fabric. The raincoat also has two front slash pockets below the waist, long sleeves with fold-over cuffs and a straight cut hemmed bottom with a rear vent.

Style number F21CP345 is a woman’s raincoat that extends to the knee area. The raincoat is constructed of a shell composed of a woven 100% polyester fabric which has a fluorine treatment. The garment is lined with a woven man-made fiber fabric and has an additional zip-out liner. In your letter and in a phone conversation you indicated that the liner is not the actual liner that will be imported with the raincoat, and that the liner that will be imported with the raincoat is of the exact type that is imported with style number F21CP303. The zip-out liner will be of a pieced construction that will have a body composed on the upper portion of a woven 100% acrylic fabric and on the lower portion of a woven quilted 50% acetate/50% nylon fabric, with sleeves of a woven 52% cotton/48% acetate fabric. The raincoat has a detachable hood that is held to the garment by five buttons, a fold down pointed collar, a full front opening secured by a right-over-left hidden four-button closure along the front placket, a tab with a one-button closure at the neck, two front slash pockets below the waist, long sleeves with fold-over cuffs that are secured by tab with a one-button closure, and a straight cut hemmed bottom with a rear vent. The inner portion of the hood and the outer portion of the collar are composed of a velvet fabric.

The classification for the raincoat style F21CP345 is based on the information you submitted which indicates that the liner which will be imported with the raincoat is not of the type that can be worn separately.

Style number F21CP307 is a woman’s reversible full-length raincoat. Both shells of the garment are constructed of a woven 51% nylon/49% polyester fabric. In a phone conversation you indicated that this garment has a water repellant finish on each shell but does not have a coating. The raincoat has an integral hood, a full front opening secured by a four-button closure, a self fabric tie belt that can be held on each shell by two belt loops, long hemmed sleeves and a straight cut hemmed bottom. Each shell has two front pockets and two slash openings below the waist.

The coating or treatment on each garment is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.

The samples are being returned to you as you have requested.

The applicable subheading for each raincoat will be 6202.13.4005, Harmonized Tariff Schedule of the United States (HTS), which provides for overcoats, carcoats, capes, cloaks and similar coats: of man-made fibers: other: raincoats: women’s. The duty rate will be 28.1 percent ad valorem.

We note that style number F21CP307 is not marked with the country of origin. 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.

Each raincoat falls within textile category designation 635. Based upon international textile trade agreements products of the Philippines 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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