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NY I83057




July 11, 2002

CLA-2-62:RR:NC:WA:357 I83057

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Kelly O’Neill
All-Ways Forwarding Int’l., Inc.
701 Newark Avenue
Suite 300
Elizabeth, N.J. 07208

RE: The tariff classification of two men’s reversible jackets from Korea

Dear Ms. O’Neill:

In your letter dated June 11, 2002, on behalf of Avirex, Ltd., you requested a classification ruling.

Two samples were submitted as follows: Style number 28K001 is a man’s hip-length reversible baseball-type jacket. One shell of the jacket has body panels composed of a woven 80% wool/20% nylon fabric, and sleeves, the outer portion of the collar, trim on the pockets and the rear yoke composed of leather. The other shell is constructed of a woven 100% nylon fabric which has a polyurethane coating and is box quilted to a nonwoven batting insulation.

The coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.

The jacket has a fold-down pointed collar, a full front opening secured by a left-over-right seven-snap closure on each shell, long sleeves with ribbed-knit fabric cuffs and a ribbed-knit fabric waistband. The wool/nylon/leather shell has two front slash pockets at the waist, a leather patch and the “Avirex” tradename embroidered on the left chest, the “Avirex” tradename written in leather letters across the rear yoke and along the length of each sleeve, and a large leather patch featuring the “Avirex” logo on the rear panel. The nylon shell has two front slash pockets at the waist, the “Avirex” tradename and logo printed throughout the entire shell fabric, and the “Avirex” tradename embroidered onto the left chest.

Style number 28K002 is a man’s hip-length reversible baseball-type jacket. One shell of the jacket has a body composed of a woven 80% wool/20% nylon fabric with leather inserts approximately 4-1/2 inches wide on the front and rear panels surrounding the armholes, and leather sleeves. The other shell is constructed of a woven 100% nylon fabric which has a polyurethane coating and is box quilted to a nonwoven polyester batting insulation. The coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.

The jacket has a full front opening secured by a reversible zipper pull closure, a neck warmer collar composed of a ribbed-knit fabric, long sleeves with ribbed-knit fabric cuffs and a ribbed-knit fabric waistband. The wool/nylon/leather shell has two front slash pockets at the waist, leather patches with the “Avirex” tradename on each sleeve and on the rear yoke, and the “Avirex” tradename written in leather patches across the front panels. The nylon shell has two front slash pockets at the waist, the “Avirex” tradename and logo printed throughout the entire shell fabric, and the “Avirex” tradename embroidered onto the left chest

The samples are being returned to you.

In accordance with General Rule of Interpretation (GRI) 3(c) of the Harmonized Tariff Schedules when goods cannot be classified by reference to GRI 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 jackets neither the wool/nylon/leather shell nor the woven nylon fabric shell provides the essential character. Therefore, classification will be as woven nylon for both jackets based on the above.

Both jackets are eligible for classification as water resistant. If the jackets pass the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTS), Chapter 62, U.S. Note 2, then the applicable HTS subheading for the garments will be 6201.93.3000, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.2 percent ad valorem.

If the jackets do not pass the water resistance test, then the applicable HTS subheading for the garments will be 6201.93.3511, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 28.1 percent ad valorem.

We note that both jackets are 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 jackets fall within textile category designation 634. Based upon international textile trade agreements products of Korea 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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