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NY 874360

JUNE 01, 1992

CLA-2-62:S:N:N3:357 874360


TARIFF NO.: 6203.23.0050; 6203.23.0060

Mr. James A. McCauley
R.M. Arden & Co., Inc.
200 Broadhollow Road
Suite 202
Melville, N.Y. 11747

RE: The tariff classification and marking of a man's reversible warm-up suit from Korea.

Dear Mr. McCauley:

In your letter dated May 5, 1992, you requested a classification ruling. A sample was submitted and is being returned.

The merchandise in question, style #624, consists of a jacket and pants made from 100% woven crinkle nylon fabric. One fabric shell is black and the reverse fabric is gray.

The jacket has a full-front opening secured by a zipper with a reversible pull; an elasticized waist and cuffs; slant pockets at the waist on both sides and a zip-through stand-up collar. Both sides feature an embroidered logo on the left chest.

The trousers have an elasticized waist with no break; reversible zippers at the ankles which are elasticized; a drawstring at the waist; side seam pockets on both sides; and an embroidered logo on both sides.

The applicable subheading for the jacket will be 6203.23.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for ensembles of synthetic fibers: garments described in heading 6201. The duty rate will be 29.5% ad valorem, which is the rate applicable if the garment is entered separately.

The applicable subheading for the trousers will be 6203.23.0060, HTS, which provides for ensembles of synthetic fibers: trousers. The duty rate will be 29.7% ad valorem, which is the rate if entered separately.

You also inquired about country of origin marking and fiber content labeling requirements for these reversibles. You plan to put the country of origin on a hang tag affixed to the neck of the jacket. A label containing the information required by the Federal Trade Commission, namely the country of origin, the fiber content and the RN number, will be on a label sewn into a pocket on the jacket and the pants.

Generally, wearing apparel with a neck must be marked with a sewn-in label in the center of the neck for purposes of Section 304 of the Tariff Act of 1930, as amended, which governs the country of origin marking requirements of imported goods. However, in the case of reversible garments there are exceptions. Inasmuch as the country of origin will appear on the label in the pocket and on the hang tag we consider this merchandise in compliance with the requirements of Section 304 of the Tariff Act.

Although Customs enforces fiber content labeling for the FTC, we do not rule on fiber content marking requirements. In a telephone conversation with the National Import Specialist for this merchandise you were given the telephone number of the Federal Trade Commission where you may confirm their labeling requirements.

The jacket and pants fall within textile category designation 634 and 647, respectively. Based upon international textile trade agreements products of Korea are subject to quota restraints and the requirement of a visa.

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. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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