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NY K88965




September 20, 2004

CLA-2-62:RR:NC:WA:357 K88965

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.92.2051

Ms. Lisa E. Girvin
Eddie Bauer, Inc.
P.O. Box 97000
Redmond, Washington 98073-9700

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

Dear Ms. Girvin:

In your letter dated August 19, 2004, you requested a classification ruling.

The sample submitted, item number 001-2039, is a man’s hip-length reversible jacket. One shell of the jacket is constructed of a woven 67% cotton/33% nylon fabric. The other shell is constructed of a woven 67% cotton/33% nylon fabric that is quilted to a nonwoven polyester batting fill. The garment will also be imported under style number 001-2040 in tall sizes.

The jacket has a full front opening secured by a left-over-right, seven-snap closure on each shell, long sleeves with a one-snap closure on the cuffs, a stand-up collar and a straight cut hemmed bottom. The shell that is quilted to the batting fill has two front pockets with zipper closures at the waist and a label that features the “Eddie Bauer” tradename on the lower portion of the left side seam. The other shell has two chest pockets with flaps that are secured by a snap closure and two front pockets with zipper closures at the waist.

Although in your letter you state that certain color fabrics used to construct the jacket’s shell have passed the water resistance test, information you submitted indicates that this is not the result of a plastic or rubber coating.

The sample is being returned to you as you have requested.

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: other. The duty rate will be 9.4 percent ad valorem.

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 334. Based upon international textile trade agreements products of Sri Lanka 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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