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NY I83450




July 25, 2002

CLA-2-62:RR:NC:WA:357 I83450

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.2020

Ms. Jennifer Wege
Kuehne & Nagel, Inc.
1261 Aviation Boulevard, Suite 190
Hebron, KY 41048

RE: The tariff classification of a man’s reversible padded sleeveless jacket from Burma (Myanmar)

Dear Ms. Wege:

In your letter dated June 21, 2002, on behalf of Holloway Sportswear, Inc., you requested a classification ruling.

The sample submitted, style number 9005, is a man’s hip-length reversible padded sleeveless jacket. One shell of the garment is constructed of a knit brushed 100% polyester fleece fabric. The other shell is constructed of a woven 184T flat taslon 100% nylon fabric which you indicate has a coating for water resistance.

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

The padded sleeveless jacket has a stand-up collar, oversized armholes, a full front opening secured by a reversible zipper pull closure that extends to the top of the collar and an elasticized waistband. The knit shell has two front pockets with side openings located at the waist. The woven shell has free-hanging front and rear yokes that are secured by hook and loop fasteners and two slanted front pockets with zipper closures located at the waist.

The sample is being returned to you.

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

The applicable subheading for the padded sleeveless jacket will be 6201.93.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s or boys’, padded, sleeveless jackets, of man-made fibers: other. The duty rate will be 15.3 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. Information on these labeling requirements may be obtained at the FTC website at WWW.FTC.GOV.

The padded sleeveless jacket falls within textile category designation 659. Based upon international textile trade agreements products of Burma (Myanmar) 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.

Sincerely,

Robert B. Swierupski
Director,

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