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NY B80966

January 23, 1997

CLA-2-62:RR:NC:WA:357 B80966


TARIFF NO.: 6201.99.9060

Ms. Valerie Caulfield
Evans, Wood & Caulfield, Inc.
20 West Lincoln Avenue
Valley Stream, N.Y. 11580

RE: The tariff classification of a man's reversible jacket from Hong Kong

Dear Ms. Caulfield:

In your letter dated January 6, 1997, on behalf of Synergy International L.L.C., you requested a classification ruling.

The sample submitted, style number WM-8, is a man's hip-length reversible jacket. One side of the jacket is constructed of an outershell composed of a woven 55% ramie/45% cotton denim fabric on the body and of a woven 100% cotton twill fabric on the sleeves. The other side of the jacket is constructed of a woven 100% nylon fabric which is quilted in a diamond shape to a non-woven batting. The garment's collar, sleeve cuffs and waistband are composed of a knit 100% polyester fabric.

The jacket has a full front opening secured by a zipper closure. There garment has two front slash pockets located at the waist both on the ramie/cotton side and on the nylon side.

The sample is being returned to you.

In accordance with GRI 3(c) of the Harmonized Tariff Schedule when goods cannot be classified by reference to GRI Rule 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 the competing classifications are as ramie (the predominant fiber of the ramie/cotton side) and as nylon. As neither side imparts the essential character, classification will be as ramie under GRI 3(c).

The applicable subheading for the jacket will be 6201.99.9060, Harmonized Tariff Schedule of the United States (HTS), which provides for other men's or boys' anoraks, windbreakers or similar articles, of other textile materials. The duty rate will be 4.4 percent ad valorem.

We note that this item is not marked with the country of origin and fiber content. The Customs Service has ruled that country of origin and fiber content marking on reversible jackets 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 requirements provided the label and hangtag are legibly, conspicuously and permanently marked in accord 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.

This merchandise may be subject to an ITC Exclusion order dealing with denim garments produced by certain acid wash methods. For further information and admissibility you should contact your local Customs office. This ruling applies to the classification of the merchandise and not to its admissibility under the terms of the exclusion order.

The jacket falls within textile category designation 834. Based upon international textile trade agreements products of Hong Kong are presently 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. 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 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 212-466-5851.


Paul K. Schwartz
Chief, Textiles & Apparel Branch

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