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NY K82159




January 23, 2004
CLA-2-62:RR:NC:WA:357 K82159

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.99.1000

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 man’s reversible jacket from China

Dear Ms. Shira:

In your letter dated December 26, 2003, on behalf of your client, Foreign Resources Corp., you requested a classification ruling.

The sample submitted, style number 9402, is a man’s upper thigh-length reversible jacket. One side of the jacket is constructed of a shell composed of a woven 80% wool/20% viscose rayon fabric. The other side is constructed of a shell composed 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 boy’s sizes under style number 46807.

The jacket has a stand-up collar composed of the woven wool/viscose rayon fabric, a full front opening secured by a reversible zipper pull closure that extends to the top of the collar, long hemmed sleeves with a vent opening at the wrist area and a straight cut hemmed bottom. The wool/viscose rayon shell features an adjustable snap closure at the wrist area and two front slash pockets at the waist. The silk/nylon fabric shell has a locker loop at the nape of the neck, a vertical pocket with a zipper closure below the left chest area and two front patch pockets at the bottom hem.

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 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 6201.99.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ 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 jacket is marked with the country of origin by means of a fabric label sewn inside one of the pockets. 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 734. Based upon international textile trade agreements products of China are not presently subject to quota restraint 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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