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NY H87710




March 4, 2002

CLA-2-62:RR:NC:WA:357 H87710

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3511

Mr. John Imbrogulio
Nordstrom, Inc.
Customs Compliance Department
1617 Sixth Ave., Suite 1000
Seattle, WA 98101-1742

RE: The tariff classification of a man’s reversible jacket from Turkey

Dear Mr. Imbrogulio:

In your letter dated February 8, 2002, you requested a classification ruling.

The sample submitted, style number 384PLONG, is a man’s reversible thigh-length jacket. One shell of the jacket is constructed of leather. The other shell has front and rear panels and long sleeves composed of a woven 62% polyester/38% nylon fabric and a collar, front and rear yokes and elbow patches on the sleeves composed of a woven 100% cotton corduroy fabric. The woven fabric shell is quilted in a diamond pattern to a nonwoven 100% polyester batting fill. In your letter you indicate that the woven fabric side of the garment has a polyurethane coating, but that the coating is not water resistant.

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, a full front opening secured by a reversible zipper pull closure that extends to the top of the collar, long hemmed sleeves and a straight cut hemmed bottom. The leather side of the garment has leather elbow patches and two front pockets with zipper closures at the waist. The woven fabric side has corduroy fabric elbow patches and two front slash pockets at the waist.

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 leather shell nor the woven fabric shell provides the essential character. Therefore, classification will be as woven polyester/nylon fabric based on the above.

The applicable subheading for the jacket will be 6201.93.3511, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s anoraks, windbreakers and similar articles: of man-made fibers. The duty rate will be 28.1 percent ad valorem.

We note that this garment is not marked with the country of origin. 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 Turkey 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.

Sincerely,

Robert B. Swierupski
Director,

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