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NY K84961




May 3, 2004

CLA-2-62:RR:NC:WA:357 K84961

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.2020

Ms. Joan Studeny
GHY USA, Inc.
572 South 5th Street
Pembina, ND 58271

RE: The tariff classification of a man’s jacket and three men’s padded sleeveless jackets from Canada

Dear Ms. Studeny:

In your letter dated April 7, 2004, on behalf of Richlu Manufacturing, you requested a tariff classification ruling.

Four samples were submitted as follows: Style number 290111 is a man’s hip-length padded sleeveless jacket constructed of a shell composed of a woven 100% nylon fabric which is Box-quilted to a nonwoven polyester batting fill. The garment is lined with a sherpa knit pile 91% polyester/9% acrylic fabric.

The padded sleeveless jacket has oversized armholes, a full front opening secured by a zipper closure and two front slash pockets at the waist. The garment has a neck warmer collar and a fabric insert along the outer portion of each side seam composed of a ribbed-knit fabric. The bottom hem is cut straight and is shorter in the front, and is cut straight with round sides and is longer in the rear.

Style number 310211 is a man’s hip-length reversible padded sleeveless jacket. One shell is constructed of a woven 100% nylon fabric which is quilted in a diamond shape design to a nonwoven polyester batting fill. The other shell is constructed of a woven contrasting color 100% nylon fabric. The garment has oversized armholes, a full front opening secured by a reversible zipper pull closure, a neck warmer collar composed of a ribbed-knit fabric and a bottom hem that is cut straight and is shorter in the front, and is cut straight with round sides and is longer in the rear. The quilted nylon shell has two front pockets at the waist.

The samples are being returned to you as you have requested.

The applicable subheading for styles 290111 and 310211 will be 6201.93.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for other: men’s padded, sleeveless jackets: of man-made fibers. The duty rate will be 14.9 percent ad valorem.

We note that style number 310211 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.

Your inquiry does not provide enough information for us to give a classification ruling on style numbers 310313 and 29054Q. Your request for a classification ruling should include the weight of the entire garment (including the down and waterfowl feathers), the weight of the down and the weight of the waterfowl feathers. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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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