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NY J85991




July 30, 2003

CLA-2-62:RR:NC:WA:357 J85991

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.2020

Mr. Herbert J. Lynch
Sullivan & Lynch, P.C.
156 State Street
Boston, Massachusetts 02109-2508

RE: The tariff classification of a woman’s reversible padded sleeveless jacket from India

Dear Mr. Lynch:

In your letter dated July 7, 2003, on behalf of Susan Bristol, Inc., you requested a classification ruling.

The sample submitted, style number 1354986, is a woman’s hip-length reversible padded sleeveless jacket. One shell of the garment is constructed of a knit 72% polyester/28% cotton velour fabric that is quilted in a box shape to a nonwoven batting insulation. The other shell is constructed of a woven 100% polyester satin fabric that is also quilted in a box pattern to a nonwoven batting insulation.

The padded sleeveless jacket has a stand-up collar, oversized armholes and a full front opening secured by a reversible zipper pull closure that extends to the top of the collar. The garment has a straight cut hemmed bottom.

The sample is being returned to you.

In your letter you suggested classification for this garment in a provision for vests. The nonwoven batting insulation on each shell demonstrates its suitability for use as outerwear.

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 knit velour fabric nor the woven satin fabric provides the essential character. Therefore, classification will be as woven based on the above.

The applicable subheading for the padded sleeveless jacket will be 6202.93.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for other: women’s or girls’ padded, sleeveless jackets, of man-made fibers: other. The duty rate will be 15.1 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 padded sleeveless jacket falls within textile category designation 659. Based upon international textile trade agreements products of India are presently subject to quota restraints and 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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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