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NY J81365




March 13, 2003

CLA-2-62:RR:NC:WA:357 J81365

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.20.5000

Mr. Paul Deku
R.L. Swearer Company, Inc.
3498 Airpark Drive
Suite 102
Hebron, KY 41048

RE: The tariff classification of a man’s reversible raincoat from Morocco

Dear Mr. Deku:

In your letter dated February 14, 2003, on behalf of Fechheimer, you requested a classification ruling.

The sample submitted, style number 26990, “Defender,” is a full-length reversible raincoat. One side of the raincoat is constructed of a woven black color 100% nylon oxford fabric. The other side is constructed of an orange color “Tech-lite” visible urethane coating. The garment is used by police officers for protection against the rain.

The urethane coating does not completely obscure the underlying nylon fabric.

The raincoat has a fold-down pointed collar, long hemmed sleeves and a full front opening that is secured on both sides by a reversible left-over-right six-snap closure. The raincoat also has two side-seam “pass-through” openings secured by a hook and loop fastener that can be used by the wearer for easy access into inner garments. The nylon fabric side of the garment features a badge tab with two grommets on the left chest. The urethane coated side has seams that are factory sealed with thermal tape and “Scotchlite” reflective trim across the upper portion of the front and rear panels and surrounding the wrist area.

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 6209, they are to be classified in heading 6210.

The applicable subheading for the raincoat will be 6210.20.5000, 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 garments, of the type described in subheadings 6201.11 to 6201.19: of man-made fibers: other. The duty rate will be 7.2 percent ad valorem.

We note that this raincoat is marked with the country of origin by means of a fabric label sewn inside one of the “pass-through” side seam openings. 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 (or in this case the pass-through opening) 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 raincoat falls within textile category designation 634. Based upon international textile trade agreements products of Morocco are neither presently subject to quota restraints nor the requirement of a visa.

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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