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NY K85469




May 6, 2004

CLA-2-62:RR:NC:WA:357 K85469

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.19.1000

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 pea coat from China

Dear Ms. Shira:

This letter replaces the ruling letter we sent to you under file number K83748. The purpose of this replacement letter is to correct the style number of a man’s reversible pea coat for which an incorrect style number was inadvertently submitted. A corrected letter follows.

In your letter dated March 8, 2004, on behalf of your client, Foreign Resources Corp., you requested a classification ruling.

The sample submitted, style number 9507, is a man’s thigh-length pea coat. One shell of the garment is constructed of a woven 80% wool/20% viscose rayon fabric. The other shell is constructed in the body and sleeves of a woven 75% silk/25% nylon fabric which is quilted in a diamond pattern to a nonwoven batting fill, and a collar and front placket composed of a woven 80% wool/20% viscose rayon fabric.

The coat has a notched lapel-style collar with a double breasted full front opening that is secured on each shell by a left-over-right, eight-button closure. The garment has long hemmed sleeves and a straight cut hemmed bottom. The wool/rayon shell has two front slash pockets below the waist. The silk/nylon shell has a pocket on the left chest that is trimmed with the wool/viscose rayon fabric and two front patch pockets at the waist that are also trimmed with the wool/viscose rayon fabric. The silk/nylon fabric does not extend to the edge on each side of the front opening. There is a 5-inch placket insert constructed of the woven wool/viscose rayon fabric that extends from the edge of the silk/nylon fabric to the edge of the front opening.

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 80% wool/20% viscose rayon fabric nor the woven 75% silk/25% nylon fabric provides the essential character. Therefore, classification will be as woven silk/nylon fabric based on the above.

The applicable subheading for the coat will be 6201.19.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ overcoats, carcoats, capes, cloaks and similar coats of other textile materials: Containing 70 percent or more by weight of silk or silk waste. The coat 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 coat falls within textile category designation 734. Based upon international textile trade agreements products of China are not presently subject to quota restraints or 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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