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NY K81769




February 5, 2004
CLA-2-62:RR:NC:WA:357 K81769

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 January 9, 2004, on behalf of your client, Foreign Resources Corporation, you requested a classification ruling.

The sample submitted, style number 88252, is a woman’s hip-length reversible jacket. One shell of the jacket is constructed of a body composed of a woven 80% wool/20% viscose rayon fabric and sleeves composed of “pleather,” which is an embossed plastic coated fabric that simulates leather. The other shell is constructed of a woven 75% silk/25% nylon fabric that is quilted in a diamond pattern to a nonwoven polyester batting fill. In your letter you indicate that the same jacket will also be imported in girl’s sizes under style number 88253.

The jacket has a full front opening secured by a reversible zipper pull closure, a fold-over round edge collar composed of a ribbed-knit fabric, long sleeves with ribbed-knit fabric cuffs and a banded bottom hem. The wool/viscose rayon fabric shell has two front slash pockets with “pleather” trim located at the waist, appliques featuring the “Classic Sports” logo sewn onto the left chest and rear panel, and appliques featuring the number “68” sewn onto the left sleeve. The silk/nylon fabric shell has two front slash pockets with “pleather” trim located at the waist and the “Classic Sports” logo printed on the left chest and rear panel. A label on the lower portion of the left sleeve features the “Classic Sports” logo, number 68, and the words “International Global Brand”.

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/viscose rayon fabric nor the woven silk/nylon fabric provides the essential character. Therefore, classification will be as woven 75% silk/25% nylon fabric 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, windbreakers and similar articles: of other textile materials: Containing 70 percent or more by weight of silk or silk waste. The jacket is subject to a free rate of duty.

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 and 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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