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NY J85735




July 2, 2003

CLA-2-62:RR:NC:WA:357 J85735

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 June 10, 2003, on behalf of your client, Foreign Resources Corp., you requested a classification ruling.

The sample submitted, style number 8508, is a woman’s hip-length reversible jacket. One side of the jacket is constructed of a shell composed of a woven 80% wool/20% nylon fabric. The other shell is constructed of a woven 75% silk/25% nylon fabric.

The jacket is slightly fitted at the waist and has a notched-lapel style collar and a full front opening that is secured by a three-button, right-over-left closure on the wool/nylon fabric shell and by a three-button left-over-right closure on the silk/nylon fabric shell. The jacket has long vented sleeves that can be worn folded over at the cuffs and a straight cut hemmed bottom. The wool/nylon fabric shell has two front patch pockets at the waist. The silk/nylon fabric shell has two chest pockets and two patch pockets at the waist.

Although this garment has a left-over-right button closure on the silk/nylon fabric shell, the cut of the garment clearly indicates that this jacket is designed for women.

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/nylon 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 women’s or girls’ anoraks (including ski-jackets), 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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