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NY H87448

March 4, 2002

CLA-2-62:RR:NC:WA:357 H87448


TARIFF NO.: 6202.19.1000

Mr. R. I. Hasson
Union-Transport Corporation
2975 Kennedy Boulevard
Jersey City, N.J. 07306

RE: The tariff classification of a woman’s reversible pea-style coat from China

Dear Mr. Hasson:

In your letter dated February 5, 2002, on behalf of LL&S Purchasing Corporation, you requested a classification ruling.

The sample submitted, style number 91709FW/91709, is a woman’s reversible thigh-length pea-style coat. One shell of the garment is constructed of a woven 80% wool/20% viscose rayon fabric. The other shell is constructed in the body and sleeves of a woven 75% silk/25% nylon fabric with the collar and front placket composed of a woven 80% wool/20% viscose rayon fabric.

The coat has a notched lapel-style collar with a double breasted full front opening that is secured on each shell by a right-over-left four-button closure. The garment is slightly fitted at the waist, has long hemmed sleeves and a straight cut hemmed bottom. The wool/rayon side of the garment has two front in-seam pockets below the waist and stitched seams along the length of the front and rear panels, along the length of the sleeves and surrounding the waist area. The silk/nylon fabric side has a pocket on the left chest, two front patch pockets below the waist and stitched seams along the length of the front and rear panels, along the length of the sleeves and surrounding the waist area. The silk/nylon fabric does not extend to the edge on each side of the front opening. There is a 5-inch insert constructed of the woven wool/rayon fabric that extends from the silk/nylon fabric to the edge of the front opening. The silk/nylon fabric does not extend to the bottom edge of the sleeves nor to the edge of the bottom hem, allowing a 1-1/2 inch portion of the wool/rayon shell fabric to be exposed.

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 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 woven wool/viscose rayon fabric nor the woven silk/nylon fabric provides the essential character. Therefore, classification will be as woven silk/nylon based on the above.

The applicable subheading for the coat will be 6202.19.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for other women’s or girls’ overcoats, carcoats, capes, cloaks and similar coats: of other textile materials: containing 70 percent or more by weight of silk or silk waste. The duty rate will be 0.6 percent ad valorem.

We note that this coat 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. Information on these labeling requirements may be obtained at the FTC website at WWW.FTC.GOV.

The coat falls within textile category designation 735. Based upon international textile trade agreements products of China are not presently subject to quota restraints nor the requirement of a visa.

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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