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NY H86025

December 21, 2001

CLA-2-62:RR:NC:WA:357 H86025


TARIFF NO.: 6201.93.3000; 6201.93.3511

Ms. Tonya Smith
Hartwell Sports, Inc.
97 Winfield Circle
Hartwell, GA 30643

RE: The tariff classification of a man’s reversible jacket from Taiwan, China, Hong Kong, Sri Lanka, Korea, Philippines, Indonesia, Cambodia, Myanmar (Burma), Malaysia, Ethiopia and Vietnam

Dear Ms. Smith:

In your letter dated December 4, 2001, you requested a classification ruling.

The sample submitted, style number 844A, is a man’s reversible hip-length jacket. One side of the jacket is constructed of a shell composed of a knit 100% polyester fleece fabric. The other side is constructed of a shell composed of a woven 100% nylon fabric that has a polyurethane coating.

The 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 and a full front opening that is secured by a reversible zipper pull closure that extends to the top of the garment’s collar. The garment has long sleeves with elasticized cuffs and a drawcord tightening through the bottom hem. The woven side of the garment features two front pockets with zipper closures at the waist and a pocket on the left sleeve that has a flap with a snap closure. The knit side of the garment has two front slash pockets at the waist and a vertical zippered pocket on the right chest.

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

In accordance with General Rule of Interpretation (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.

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 7.2 percent ad valorem. The duty rate will remain the same in 2002.

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 28.2 percent ad valorem. Effective January 1, 2002, the duty rate will be 28.1 percent ad valorem.

We note that this garment is not 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. Information on these labeling requirements may be obtained at the FTC website at WWW.FTC.GOV.

The jacket falls within textile category designation 634. Based upon international textile trade agreements products of Taiwan, China, Hong Kong, Sri Lanka, Korea, Philippines, Indonesia, Cambodia and Malaysia are presently subject to quota restraints and the requirement of a visa. Products of Myanmar (Burma), Ethiopia and Vietnam are not presently subject to quota restraints nor 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 646-733-3047.


Robert B. Swierupski

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