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NY H84547

September 5, 2001

CLA-2-62:RR:NC:WA:357 H84547


TARIFF NO.: 6202.93.5011

Mr. Herbert J. Lynch
Sullivan & Lynch, P.C.
156 State Street
Boston, Massachusetts 02109-2508

RE: The tariff classification of a woman’s reversible jacket from Hong Kong

Dear Mr. Lynch:

In your letter dated August 16, 2001, on behalf of Susan Bristol, Inc., you requested a classification ruling.

The sample submitted, style number 1212987, is a woman’s lower hip-length reversible jacket. One side of the jacket is constructed of a woven yarn dyed plaid 100% cotton fabric which you indicate has been treated with a wax acrylic coating so as to enhance the texture of the fabric. The other side is constructed of a woven 100% nylon fabric which is quilted in a diamond pattern to a nonwoven batting insulation.

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

The jacket has a fold-down collar, a full front opening that is secured on each side of the garment by six right-over-left snap closures and a straight cut bottom hem. The garment also has long sleeves, a contrasting color binding fabric surrounding its edges, two side seam pockets on both the cotton fabric side of the garment and the nylon fabric side and the logo “Susan SB Bristol” on each snap closure.

The sample is being returned to you as you have requested.

Each outer shell contributes to the value of the jacket in terms of function and features that would attract the interest of a consumer. Neither outer shell clearly outweighs in importance the other so that one may be considered to impart the essential character. Therefore, GRI 3(c) becomes applicable and classification is based upon the heading which appears last in the tariff.

The applicable subheading for the jacket 6202.93.5011, Harmonized Tariff Schedule of the United States (HTS), which provides for other women's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 28.2 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 635. 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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