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NY G81138

September 11, 2000

CLA-2-62:RR:NC:WA:357 G81138


TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Angela Masco
Nordstrom, Inc.
1617 Sixth Ave., Suite 1000
Seattle, WA 98101-1742

RE: The tariff classification of a man's jacket with a detachable belt bag from Hong Kong

Dear Ms. Masco:

In your letter dated August 14, 2000, you requested a classification ruling.

The sample submitted, style number S8736AL10, is a man's thigh-length reversible jacket. One side of the jacket is constructed of a shell composed of a woven 70% cotton/30% nylon fabric. The other side is constructed of a shell that is composed of a woven 100% nylon fabric which has a polyurethane coating on the inner surface. The 100% nylon shell fabric is quilted to a nonwoven batting fill.

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

The jacket has a stand-up collar, a full front opening secured by a zipper closure, long hemmed sleeves and a straight cut hemmed bottom. In a phone conversation it was indicated that when imported the jacket would have a reversible zipper pull closure on the front zipper. The cotton/nylon fabric side of the jacket has an overlapping flap with "VELCRO"-type fasteners on the front portion of the collar and along the length of the front placket. The cotton/nylon fabric side also has two front pockets at the waist. The nylon fabric side of the garment has an overlapping flap that is secured by "VELCRO"-type fasteners on the front portion of the collar and along the front placket. The nylon fabric side also has two front double entry pockets that are secured by flaps with "VELCRO"-type fasteners, a label with the "Faconnable" logo on the left front pocket and a large detachable belt bag located on the lower portion of the back panel. The belt bag is held to the jacket by five snaps and has two self-fabric belt straps with "VELCRO"-type fasteners that are worn around the waist and fasten together on the front portion of the jacket. The bag has two pockets with flaps secured by "VELCRO"-type fasteners, a zipper at the top and a zipper on each side. When the zippers are unzipped it allows the bag to open flat.

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 woven 70% cotton/30% nylon fabric nor the woven 100% nylon fabric provides the essential character to the jacket. 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 7.3 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 28.4 percent ad valorem.

With your letter you submitted a test report from an independent laboratory certifying that the garment passed the water resistance test. We have not confirmed those results in our own laboratory; however, the Customs officer handling the transaction may choose to do so at the time of importation.

We note that this jacket is marked with the country of origin 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.

Your inquiry does not provide enough information for us to give a classification ruling on the detachable belt bag. Your request for a classification ruling should include a full description as to why the detachable belt bag is designed with side zippers to allow the item to open flat. When this information is available and you wish to resubmit the bag, please submit it to National Import Specialist Kevin Gorman.

The jacket falls within textile category designation 634. 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.


Robert B. Swierupski

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