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NY J82236




April 2, 2003

CLA-2-62:RR:NC:WA:357 J82236

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.99.1000

Ms. Donna L. Shira
Sharretts, Paley, Carter & Blauvelt, P.C. Seventy-five Broad Street
New York, N.Y. 10004

RE: The tariff classification of a woman’s reversible jacket from China

Dear Ms. Shira:

In your letter dated March 12, 2003, on behalf of your client, Foreign Resources Corp., you requested a classification ruling.

The sample submitted, style number 85256, is a woman’s reversible upper thigh-length jacket. One shell of the jacket is constructed of a woven 75% silk/25% nylon fabric. The other shell is constructed of a woven 80% wool/20% rayon fabric. In your letter you indicate that the jacket will also be imported under style number 36402 in women’s plus sizes.

The jacket is slightly fitted at the waist, has a notched lapel style collar, a double-breasted full front opening that is secured on each shell by a right-over-left three-button closure and a straight cut bottom hem. The wool/rayon fabric shell has a fake fur collar, long hemmed sleeves and two front pockets at the waist. The silk/nylon fabric shell has a pocket on the left chest, two front pockets below the waist, long sleeves with imitation fur cuffs and a front placket and one-inch bottom hem composed of the woven wool/rayon fabric. The imitation fur cuffs on the silk/nylon shell can be folded over and worn as fur cuffs on the wool/rayon shell.

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

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 this case neither the woven wool/rayon fabric nor the woven silk/nylon fabric provides the essential character. Therefore, classification will be as woven silk/nylon based on the above.

The applicable subheading for the jacket will be 6202.99.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for woman’s anoraks, windbreakers and similar articles: of other textile materials: Containing 70 percent or more by weight of silk or silk waste. The duty rate will be 0.3 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 735. Based upon international textile trade agreements products of China are not presently subject to quota restraints or 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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