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NY K89134




September 30, 2004

CLA-2-62:RR:NC:WA:357 K89134

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.99.1000

Ms. Allison M. Baron
Sharretts, Paley, Carter & Blauvelt, P.C. Seventy-five Broad Street
New York, N.Y. 10004

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

Dear Ms. Baron:

In your letter dated September 7, 2004, on behalf of your client, Foreign Resources Corporation, you requested a classification ruling.

The sample submitted, style number 39500, is a woman’s plus-size reversible hip-length jacket. One shell of the jacket is constructed of a woven 100% polyester fabric that is diamond-quilted to a nonwoven batting fill. The other shell is constructed of a woven 75% silk/25% nylon fabric. The jacket will also be imported under style number 89602 in women’s regular sizes.

The jacket has a full front opening secured by a reversible zipper pull closure, long hemmed sleeves, a fold down pointed collar and a straight cut hemmed bottom. The quilted nylon fabric shell has two front in-seam pockets below the waist. The silk/nylon fabric shell has a pocket on the left chest and two front patch pockets below the waist.

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 polyester fabric nor the woven silk/nylon fabric provides the essential character. Therefore, classification will be as woven 75% silk/25% nylon based on the above.

In your letter you suggested that this garment be classified as a coat under HTS 6202.19.1000. This garment is more appropriately classified as a jacket.

The applicable subheading for the jacket will be 6202.99.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for other woman’s or girls’ anoraks, windbreakers and similar articles: of other textile materials: Containing 70 percent or more by weight of silk. The garment is subject to a free rate of duty.

We note that this garment is not marked with the country of origin. 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 735. 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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