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NY F83137




March 10, 2000

CLA-2-62:RR:NC:WA:357 F83137

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.2020

Mr. James J. Kelly
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

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

Dear Mr. Kelly:

In your letter dated February 18, 2000, on behalf of Marconi Int'l (USA) Co., you requested a classification ruling.

The sample submitted, style number DJ9-L33916, is a woman's hip-length reversible padded sleeveless jacket. Each side of the garment is constructed of a shell which is composed of a woven 100% polyester fabric that is quilted to a nonwoven batting fill. In your letter you indicate that the garment has a polyurethane coating for water resistance.

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

The padded sleeveless jacket has a round neckline, a full front opening secured by a reversible zipper pull closure, oversized armholes and a round-cut bottom hem. Each side of the garment has a left front zippered pocket at the waist.

The sample is being returned to you.

The applicable subheading for the padded sleeveless jacket will be 6202.93.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for other women's or girls' padded sleeveless jackets of man-made fibers: other. The duty rate will be 15.7 percent ad valorem.

We note that the padded sleeveless jacket is not marked with the country of origin and fiber content. 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 padded sleeveless jacket falls within textile category designation 659. 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.

Sincerely,

Robert B. Swierupski
Director,

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