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NY N013539




July 13, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.20.5000

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 reversible pea coat from China

Dear Ms. Shira:

In your letter dated June 26, 2007, on behalf of your client, Foreign Resources Corporation, you requested a classification ruling.

The sample submitted, style number 40823, is a man’s reversible thigh-length pea coat. One shell of the garment is composed of a woven 80% wool/20% rayon fabric. The other shell is composed of a woven 100% polyester fabric that has a visible polyurethane coating on the inner surface. The garment has a nonwoven batting fill insulation.

The coat has a notched lapel style collar with a double breasted full front opening secured on each shell by a left-over-right, eight-button closure. The garment has long hemmed sleeves and a straight cut hemmed bottom with a rear vent. The wool/rayon fabric shell has two front slash pockets at the waist. The polyester fabric shell has a front placket composed of the wool/rayon fabric and two front slash pockets at the waist also trimmed with the wool/rayon fabric.

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

In accordance with Legal Note 5 of Chapter 62 of the Harmonized Tariff Schedules, when goods are prima facie classifiable in both headings 6210 and in other headings in Chapter 62, excluding heading 6209, they are to be classified in heading 6210. Inasmuch as the 100% polyester fabric shell has a visible coating, the garment is classifiable in heading 6210, as a coat of man-made fibers.

The applicable subheading for the coat will be 6210.20.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: Other garments, of the type described in subheadings 6201.11 to 6201.19: Of man-made fibers: other. The duty rate will be 7.1 percent ad valorem.

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.

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 coat falls within textile category 634. 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. 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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