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NY K86468




June 3, 2004

CLA-2-62:RR:NC:WA:357 K86468

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.99.1000

Ms. Christina A. Hodgson
Foot Locker Corp.
3543 Simpson Ferry Rd.
Camp Hill, Pa 17011

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

Dear Ms. Hodgson:

This letter replaces the ruling letter we sent to you under file number K85213. The purpose of this replacement letter is to correct the textile category designation of a man’s reversible jacket for which an incorrect category number was inadvertently given. A corrected letter follows.

In your letter dated April 14, 2004, you requested a classification ruling.

The sample submitted, style number 46124-9402, is a man’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 leather sleeves. The other shell is constructed of a woven 75% silk/25% nylon fabric that is quilted in a diamond shape design to a nonwoven batting fill.

The jacket has a full front opening secured by a left-over-right, seven-snap closure on each shell, long sleeves with ribbed-knit fabric cuffs, a neck warmer collar composed of a ribbed-knit fabric and a ribbed-knit fabric waistband. The wool/viscose rayon shell fabric has two front slash pockets trimmed with leather at the waist, an embroidered label featuring the “Converse All Star” logo on the left chest and the “Converse All Star” logo embroidered across the rear panel. The silk/nylon shell fabric has a pocket on the left chest

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 silk/nylon 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 boy’s anoraks, windbreakers and similar articles: of other textile materials: Containing 70 percent or more by weight of silk or silk waste. The garment 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. Customs 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 restraints 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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