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NY K84171




April 14, 2004
CLA-2-62:RR:NC:WA:357 K84171

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.92.2051

Ms. Sally Kim
American Customs, Inc.
145-63 226th Street
Springfield Gardens, New York 11413

RE: The tariff classification of a man’s reversible jacket from Indonesia

Dear Ms. Kim:

In your letter dated March 16, 2004, on behalf of Acro Corporation, you requested a classification ruling.

The sample submitted, item number D79010, is a man’s hip-length reversible jacket. One shell of the jacket is constructed of a knit jersey 100% cotton fabric. The other shell is constructed of a woven brushed twill 100% cotton fabric.

The jacket has a full front opening secured by a reversible zipper pull closure, a neck warmer collar composed of a ribbed-knit 100% polyester fabric, long sleeves with ribbed-knit polyester fabric cuffs and a ribbed-knit polyester fabric waistband. The knit cotton fabric shell has two front slash pockets that are trimmed with a ribbed-knit fabric, inserts on the front and rear yokes that are composed of a ribbed-knit fabric, a patch featuring a sports team logo on the left chest, a patch on the lower portion of the right sleeve that has the “Majestic” tradename and logo and lettering on the rear panel that features the name of the state that the sports team represents. The woven cotton fabric shell has two front slash pockets at the waist, lettering on the left and right chest area that features the name of a sports team, a patch on the lower portion of the right sleeve that has the “Majestic” tradename and logo and a letter on the rear panel that represents the state in which the sports team is located.

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

The applicable subheading for the jacket will be 6201.92.2051, Harmonized Tariff Schedule of the United States (HTS), which provides for other: men’s anoraks, windbreakers and similar articles: of cotton. The duty rate will be 9.4 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.

This jacket falls within textile category designation 334. Based upon international textile trade agreements products of Indonesia 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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