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NY I88497




March 11, 2003

CLA-2-61:RR:NC:TA:357 I88497

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.9025

Mr. Donald S. Stein
Manatt, Phelps & Phillips, LLP
1501 M Street, N.W.
Washington, DC 20005-1702

RE: The tariff classification of a men’s reversible jacket from Sri Lanka

Dear Mr. Stein:

In your letter dated November 8, 2002, on behalf of Walls Industries, Inc., you requested a classification ruling. A sample and swatches were submitted. The garment is being returned as you requested. Our response was delayed due to laboratory analysis.

The item in question, style No. XW43822FF (10X Reversible Fleece Jacket), is a men’s reversible outerwear jacket with both shells made from a knitted fabric. Side “A” is made from a brushed warp knit polyester fabric in a camouflage print with a plastic backside lamination. Side “B” is made from a 365 gram heavily brushed double face polyester fabric. The jacket, which extends to the hips, has a full front opening secured by a zipper with a reversible pull, long sleeves with elasticized cuffs, an elasticized bottom hem, zip-off sleeves, a rollup hood which is stored in the collar and slant pockets at the waist on both shells. Laboratory analysis has determined that the laminated fabric is not of pile construction.

The applicable subheading for the style XW43822FF jacket will be 6113.00.9025, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907, coats and jackets, other than of cotton. The duty rate will be 7.2 percent ad valorem.

This jacket falls within textile category designation 634. Based upon international textile trade agreements products of Sri Lanka are subject to quota and the requirement of a visa.

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 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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