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NY M86227




September 13, 2006

CLA-2-62:RR:NC:WA:357 M86227

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.2020

Ms. Jenny Helm
Gear For Sports, Inc.
9700 Commerce Parkway
Lenexa, Kansas 66219

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

Dear Ms. Helm:

In your letter dated August 23, 2006, you requested a classification ruling.

The sample submitted, style number SI4684, is a woman’s hip-length reversible padded sleeveless jacket. One shell of the garment is constructed of a woven 100% polyester fabric that is diamond-quilted to a nonwoven batting fill. The other shell is composed of a woven 100% polyester fabric that is box-quilted to a nonwoven batting fill, and has strips of contrasting color fabric inserts on the front chest and on the rear panel below the yoke area.

The padded sleeveless jacket has oversized armholes that are edged with a ribbed-knit fabric, a full front opening secured by a reversible zipper closure, a stand-up collar and a straight cut banded bottom hem. Both shells have two side seam pockets at the waist, a label that features the logo “Weather” on the lower portion of the right pocket and a small embroidered emblem on the rear yoke.

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

The applicable subheading for the padded sleeveless jacket will be 6202.93.2020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other women’s or girls’: padded, sleeveless jackets: of man-made fibers: other. The duty rate will be 14.9 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.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The padded sleeveless jacket falls within textile category 659. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.

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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