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NY G82421

October 16, 2000

CLA-2-62:RR:NC:WA:357 G82421


TARIFF NO.: 6210.40.5020

Ms. Lisa Zwaga
LaCrosse Rainfair Safety Products
3600 South Memorial Drive
Racine, WI 53403

RE: The tariff classification of a man's reversible jacket from China, Taiwan and the Philippines; Visibly Coated

Dear Ms. Zwaga:

In your letter dated September 12, 2000, on behalf of LaCrosse Footwear, Inc., dba LaCrosse Rainfair Safety Products, you requested a classification ruling.

The sample submitted, style number IP-98-118, is a man's lower hip-length reversible jacket. One side of the jacket is constructed of a shell that is composed of a woven black color 100% nylon oxford fabric that has a visible polyurethane coating on the inner surface. The other side is constructed of a contrasting hi-visibility lime green color that is composed of a woven 100% nylon oxford fabric which has a visible polyurethane coating on the inner surface.

The jacket has a stand-up collar and a hood with a drawcord tightening. The hood can be rolled up and secured within the garment's collar by a zipper closure. The garment has a full front opening that is secured by a reversible zipper pull closure and an overlapping flap on each side of the garment that has six snaps and covers the front zipper area. Each side of the garment has sleeves with elastic and a tab with a hook and loop fastener on each cuff, a pass through opening below each armhole used for ventilation, a self-fabric textile loop on each side of the front yoke, a badge tab with two grommets on the left chest, two front double entry pockets that are secured by a flap with a snap closure, and two side seam zipper openings at the bottom hem. The contrasting lime green color side of the garment has reflective piping surrounding the lower portion of the collar, across the front and back yokes, along the length of each sleeve, surrounding each cuff, along the length of the front opening and along the cuff edge of the bottom hem. A large 12-inch by 5-inch rectangle shape reflective patch located below the garment's rear yoke features the word "POLICE".

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 the jacket will be 6210.40.5020, 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 men's or boys' garments: of man-made fibers: other anoraks (including ski-jackets), windbreakers and similar articles. The duty rate will be 7.3 percent ad valorem.

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.

The jacket falls within textile category designation 635. Based upon international textile trade agreements products of China, Taiwan and the Philippines 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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