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NY E89128

November 12, 1999

CLA-2-62:RR:NC:WA:357 E89128


TARIFF NO.: 6210.40.5020

Mr. Brian Wavra
Safety Products Division
3600 S Memorial Dr.
Racine, WI 53403

RE: The tariff classification of a man's double jacket set from Taiwan or China

Dear Mr. Wavra:

In your letter dated October 20, 1999, you requested a classification ruling.

The sample submitted, style number 97087, is a man's double jacket set. The two piece set consists of a hip-length outer jacket and a hip-length inner jacket which can be zippered together along the front edges and snapped together at the nape of the neck and at the wrists so as to be worn as one garment. Although the jackets are worn together, each jacket can also be worn separately and will be classified as a separate garment.

The outer jacket is constructed of a "Mossy Oak" camouflage print shell which is composed of a woven 100% polyester microfiber fabric that is visibly coated on the inner surface with polyurethane. The garment is lined with a woven 100% nylon fabric.

The outer jacket has an integral hood which features a front visor, a drawcord tightening and an adjustment tab on the back that is secured by a "VELCRO"-type fastener. The jacket has a full front opening secured by a double pull zipper closure as well as a secondary zipper for attaching the inner jacket. A storm flap with five snaps covers the zipper area. The jacket features two cargo chest pockets secured by flaps with "VELCRO"-type fasteners, two mid-level pockets with zipper closures located below the chest pockets, a zippered pocket along the inner surface of the storm flap and two front double entry cargo pockets secured by flaps with "VELCRO"-type fasteners on the lower portion of the front panels. There is a D-ring located below each chest pocket and on the center portion of the back yoke seam. The jacket's sleeve cuffs and waistband are composed of a double knit stretch 100% polyester fabric. The jacket has a tab with a snap closure on the inner portion of each sleeve cuff and on the inner portion of the collar that is used for attaching the inner jacket. A leather patch on the lower portion of the right sleeve features the "LaCrosse" logo.

The inner garment is a man's reversible jacket. The jacket is constructed on one side of a "Mossy Oak" camouflage print shell which is composed of a woven 100% polyester fabric that is visibly coated on the inner surface with polyurethane. The other side is constructed of a solid color woven 100% nylon fabric that is quilted to a Dupont "Holofil" nonwoven 100% polyester fiber insulation. The jacket has a full front opening secured by a reversible zipper pull closure. The jacket features a neck warmer collar, sleeve cuffs and a waistband that are composed of a double knit stretch 100 % polyester fabric. Both the camouflage side of the jacket and the solid color side have two front pockets that are secured by flaps with a snap closure. On the inner portion of each pocket there are knit fabric slots that are used for holding bullets. The inner portion of each pocket also has a "pass through" open section at the top. The open section of each pocket may be used by the wearer as easy access to the bullets that are stored in the pockets on the reverse side of the garment. The left pocket flap on each side of the garment has a leather patch that features the "LaCrosse" logo. The textile fabric loops located on the outer portion of the garment's collar and sleeve cuffs on the camouflage print side of the jacket are used to attach the garment to the outer jacket.

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 heading 6210 and in other headings in Chapter 62, excluding heading 6209, they are to be classified in heading 6210.

The applicable subheading for each jacket will be 6210.40.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabric of heading 5602, 5603, 5903, 5906 or 5907: other men's or boys' garments: of man-made fibers: other anoraks (including ski-jackets), windbreakers and similar articles. The duty rate will be 7.4 percent ad valorem.

We note that the inner jacket of style number 97087 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 Customs does not issue rulings.

Each jacket falls within textile category designation 634. Based upon international textile trade agreements products of the Philippines or Taiwan 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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