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NY I86573




October 30, 2002

CLA-2-62:RR:NC:WA:357 I86573

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020

Ms. Janet Reiner
Global Transportation Services
1930 Sixth Ave. So. 2nd Floor
Seattle, WA 98134

RE: The tariff classification of a man’s reversible jacket from Vietnam or Korea

Dear Ms. Reiner:

In your letter dated September 26, 2002, on behalf of Gordon & Ferguson of Delaware, Inc., you requested a classification ruling.

The sample submitted, style number 8B4291, is a man’s lower hip-length reversible jacket. One shell of the jacket is constructed of a woven 100% polyester fabric that has a visible polyurethane coating on the inner surface. The other shell is constructed of a woven 65% cotton/35% polyester fabric that has a polyurethane coating on the inner surface. This coating is not visible.

The jacket has an integral hood with a drawcord tightening, a full front opening secured by a reversible zipper pull closure, long hemmed sleeves and a straight cut hemmed bottom. The cotton/polyester fabric shell has two front slash pockets at the waist. The polyester fabric shell features an overlay strip of fabric across the front and rear yokes, two front pockets with zipper closures at the waist that are covered by an overlay of fabric and a zippered pocket on the lower portion of the left sleeve that is also covered by an overlay of fabric. The “Reaction Kenneth Cole” logo is embroidered onto the front portion of the garment’s hood and an “R” logo is embroidered onto the overlay strip of fabric on the left front yoke.

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

In accordance with Legal Note 5 of Chapter 62 of the Harmonized Tariff Schedules, when goods are prima facie classifiable in both headings 6210 and in other headings in Chapter 62, excluding heading 6209, they are to be classified in heading 6210. Inasmuch as the 100% polyester side has a visible coating, the garment is classifiable in heading 6210, as a jacket of man-made fibers.

The applicable subheading for the jacket will be 6210.40.5020, 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 men’s or boys’ garments: of man-made fibers: other anoraks (including ski-jackets), windbreakers and similar articles. The duty rate will be 7.2 percent ad valorem.

We note that this garment 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.

The jacket falls 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. Products of Vietnam are presently neither subject to quota restraints nor 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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