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NY F86383




May 30, 2000

CLA-2-62:RR:NC:WA:357 F86383

CATEGORY: CLASSIFICATION

TARIFF NO.: 6205.20.2065; 6210.50.9050; 6210.50.9090

Mr. Patrick Pascarella
Viking Sea/Air Freight, Inc.
486 Sunrise Highway
Rockville Center, N.Y. 11570

RE: The tariff classification of a woman's jacket and vest set and a man's shirt from Hong Kong

Dear Mr. Pascarella:

In your letter dated April 28, 2000, on behalf of Presidio International, Inc., you requested a classification ruling.

Two samples were submitted as follow: Style number R5K048PS is a woman's two-piece jacket and vest set. The two piece set consists of a hip-length outer jacket and a hip-length inner vest that can be snapped together along the front edges and at the nape of the neck so as to be worn as one garment. Although the garments are worn together, each garment can also be worn separately and will be classified as a separate garment.

The outer jacket is constructed of a shell that is composed of a woven 52% cotton/48% nylon fabric that has a visible polyurethane coating on the inner surface. The jacket is lined with a woven man-made fiber fabric which is quilted to a nonwoven batting fill.

The jacket has a stand-up collar, a full front opening that is secured by a zipper pull closure that features the "Armani Exchange" logo and an overlapping flap that covers the zipper area. On the inner portion of the jacket there are three half-snaps on each side of the front placket and one half snap at the nape of the neck for attaching the inner vest. The jacket has long sleeves with a one-button closure on the cuffs, two front pockets at the waist and a banded bottom hem.

The inner vest is reversible. One side of the vest is constructed of a woven 100% acrylic pile fabric. The other side is constructed of a woven 52% cotton/48% nylon fabric that has a visible polyurethane coating on the inner surface. The vest features a round neckline, is sleeveless with oversized armholes and has a full front opening that is secured on both sides by three right-over-left snap closures. The vest has two front pockets at the waist on the woven 52% cotton/48% nylon fabric side of the garment.

Style number R6C071 is a man's shirt that is constructed of a shell which is composed of a woven 100% cotton fabric. The shirt is lined with a knit fabric that is quilted to a nonwoven batting fill. The garment has a pointed shirt-style collar and a full front opening that is secured by eight left-over-right snap closures. The shirt has long sleeves that are secured by a snap closure on the cuffs and a shirt-tail bottom hem. A textile label that features the "A/X" logo is on the left side seam at the bottom hem.

The samples are being returned to you.

The applicable subheading for the jacket will be 6210.50.9050, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: other women's or girls' garments: other: other: anoraks (including ski-jackets), windbreakers and similar articles. The duty rate will be 6.4 percent ad valorem.

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 the vest will be 6210.50.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: other women's or girls' garments: other: other: other. The duty rate will be 6.4 percent ad valorem.

The applicable subheading for the shirt will be 6205.20.2065, Harmonized Tariff Schedule of the United States (HTS), which provides for other men's or boys' shirts, of cotton: other, other, men's. The duty rate will be 20.2 percent ad valorem.

We note that the vest 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 jacket falls within textile category designation 335. The vest falls within textile category designation 359. The shirt falls within textile category designation 340. 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 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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