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August 26, 1999

CLA-2-62:RR:NC:WA:357 E85138


TARIFF NO.: 6202.91.1000

Ms. Jeannine Greener
Eddie Bauer, Inc.
P.O. Box 97000
Redmond, Washington 98073-9700

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

Dear Ms. Greener:

In your letter dated August 2, 1999, you requested a classification ruling.

The sample submitted, style number 23904122, is a woman’s hip-length reversible padded sleeveless jacket. One side of the garment is constructed of a knit 100% polyester fleece fabric that is quilted in a diamond pattern to a nonwoven batting fill. The other side is constructed of a woven plaid 85% wool/15% nylon fabric. The garment will be imported under item number 008-0272 in regular sizes, under item number 008-0273 in petite sizes and under item number 008-0274 in tall sizes.

The garment features a v-neck style collar and oversized armholes. The garment has a full front opening that is secured by a left-over-right two button closure on the knit fabric side and by a right-over-left two button closure on the woven fabric side. The woven fabric side of the garment has two front patch pockets at the waist. The garment is bound at the edges by piping composed of a knit polyester fleece fabric.

Although this garment has a left-over-right button closure on the knit fabric side, the cutting specifications that you submitted for the garment clearly indicate that it is designed for a woman.

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

In accordance with GRI 3(c) of the Harmonized Tariff Schedules 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 knit 100% polyester fleece fabric nor the woven 85% wool/15% nylon fabric provides the essential character. Therefore, classification will be as woven 85% wool/15% nylon fabric based on the above.

The applicable subheading for the garment will be 6202.91.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ padded, sleeveless jackets: of wool or fine animal hair. The duty rate will be 15.5 percent ad valorem .

We note that this padded sleeveless jacket 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 garment falls within textile category designation 459. Based upon international textile trade agreements products of China are presently subject to quota restraints and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 212-637-7076.


Robert B. Swierupski

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