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NY H81311

June 19, 2001

CLA-2-62:RR:NC:WA:357 H81311


TARIFF NO.: 6201.93.2020

Ms. Linda Frost
Priority Import-Export Services, Inc.
11222 La Cienega Blvd. (Suite 400)
Inglewood, CA 90304

RE: The tariff classification of a man’s reversible padded sleeveless jacket and a boy’s reversible padded sleeveless jacket from Hong Kong

Dear Ms. Frost:

In your letter dated May 17, 2001, on behalf of Snowmass Apparel, Inc., you requested a classification ruling.

Two samples were submitted as follows: Style number CB170Y is a man’s reversible padded sleeveless jacket. Style number CB370Y is a boy’s reversible padded sleeveless jacket. Both garments are constructed on one side of a shell composed of a woven 100% nylon fabric and on the other side of a shell composed of a knit 100% polyester fleece fabric.

Each padded sleeveless jacket has a stand-up collar with elasticized capping at the top, oversized armholes that have elasticized capping surrounding the edges, a full front opening that is secured by a reversible zipper closure that features a hanging cord with a plastic pull and elasticized capping at the bottom hem. Each padded sleeveless jacket also has on both the knit fabric side of the garment and the woven fabric side two side seam pockets at the waist, a textile label with the “CB” logo hanging from the left pocket and the “CB” logo embroidered onto the left chest.

The samples are 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 knit polyester fabric nor the woven nylon fabric provides the essential character. Therefore, classification will be as woven based on the above.

The applicable subheading for style numbers CB170Y and CB370Y will be 6201.93.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s or boys’ padded, sleeveless jackets: of man-made fibers: other. The duty rate will be 15.5 percent ad valorem.

We note that each padded sleeveless 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.

Each padded sleeveless jacket falls within textile category designation 659. 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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