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NY H83371

July 24, 2001

CLA-2-62:RR:NC:WA:357 H83371


TARIFF NO.: 6210.40.5020

Ms. Ellen A. DiLapi
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 245 Park Avenue
33rd Floor
New York, N.Y. 10167-3397

RE: The tariff classification of a man’s reversible jacket from China; Visibly Coated

Dear Ms. DiLapi:

In your letter dated July 2, 2001, on behalf of your client, G-III Apparel Group, Ltd., you requested a classification ruling.

The sample submitted, style number S#L71632/ S#L71630, is a man’s hip-length reversible jacket. One shell of the jacket is constructed of a body that is composed of a woven 55% wool/45% viscose fabric and of sleeves that are constructed of one layer on the outer surface that is composed of a visible 50% polyvinyl/50% polyurethane plastic and one layer on the inner surface that is composed of a knit 65% polyester/35% cotton fabric which are bonded together. The other side of the jacket is constructed of a shell composed of a woven 100% polyester fabric that has a visible 100% compact polyurethane coating on the outer surface. The garment has a nonwoven batting fill. In your letter you indicate that the jacket will also be imported in boys’ sizes.

The compact polyurethane coating does not completely obscure the underlying polyester fabric.

The jacket has a full front opening that is secured by seven left-over-right snap closures, a ribbed-knit fabric collar, long sleeves with ribbed-knit fabric cuffs and a ribbed-knit fabric waistband. Each side of the jacket has two front slash pockets located at the waist. You indicate in your letter that the jacket will be imported in a variety of colors and will have various sports-team logos. Style S#71632 will have college teams’ three-letter codes. Style S#71630 will have NFL teams’ three-letter codes.

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 7.2 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 634. 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.


Robert B. Swierupski

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