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NY C86130

April 28, 1998

CLA-2-62:RR:NC:WA:357 C86130


TARIFF NO.: 6201.93.3000; 6201.93.3511

Mr. Rodd Peterson
H. K. International, Inc.
3670 Commercial Ave.
Northbrook, Illinois 60062

RE: The tariff classification of a man's reversible jacket from the Dominican Republic

Dear Mr. Peterson:

In your letter dated March 26, 1998, you requested a classification ruling.

The sample submitted, style number KK155, is a man's hip-length reversible jacket. The jacket is constructed on one side of a shell composed in the body and hood of a woven 210T taffeta 100% nylon fabric. The sleeves are composed of a knit nylon fleece fabric. The other side of the garment is constructed of a shell composed in the body and hood of a knit nylon fleece fabric. The sleeves are composed of a woven 210T taffeta 100% nylon fabric. In a phone conversation you stated that the woven nylon shell fabric on one side of the garment and the woven nylon sleeve fabric on the other side are both coated with polyurethane which renders the garment water resistant.

The coating is not visible as that term is defined in the tariff therefore, HTS 6210 does not apply.

The jacket features an integral hood with a drawcord tightening and a full front opening secured by a reversible zipper pull closure. The sleeve cuffs are elasticized and there is a drawcord tightening through the bottom hem. Both the woven side of the garment the knit side have two front slash pockets at the waist.

The sample is being returned to you.

In accordance with GRI 3(c) of the Harmonized Tariff Schdules 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 neither the woven nylon or knit nylon fleece side of the jacket provides the essential character. Therefore, classification will be as woven nylon based on the above.

If the jacket passes the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTS), Chapter 62, U.S. Note 2, then the applicable HTS subheading for the garment will be 6201.93.3000, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.4 percent ad valorem.

If the jacket does not pass the water resistance test, then the applicable HTS subheading for the garment will be 6201.93.3511, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 28.8 percent ad valorem.

We note that this item is not marked with the country of origin and fiber content by means of a fabric label sewn inside one of the pockets. The Customs Service 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.

The jacket falls within textile category designation 634. Based upon international textile trade agreements products of the Dominican Republic are not presently subject to quota restraints but a visa is required.

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.


Robert B. Swierupski

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