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NY I89424




January 24, 2003

CLA-2-62:RR:NC:WA:357 I89424

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.2020; 6202.93.2020; 6206.40.3030

Mr. Jim Konyak
Kayak International Soft-Wear, Ltd.
46 Main Street
Netcong, N.J. 07857

RE: The tariff classification of a man’s reversible padded sleeveless jacket, a woman’s reversible padded sleeveless jacket and a woman’s shirt from China

Dear Mr. Konyak:

In your letter dated January 2, 2003, you requested a classification ruling.

Three samples were submitted as follows: Style number 143-201 is a man’s hip-length reversible padded sleeveless jacket. Style number 043-201 is a woman’s hip-length reversible padded sleeveless jacket. One shell of each garment is constructed of a knit brushed 80% cotton/20% polyester fabric. The other shell of each garment is constructed of a woven 100% nylon fabric. Style number 013-359 is a woman’s shirt.

Each 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 a drawcord tightening through the bottom hem. The knit fabric shell of each garment features a vertical pocket with a zipper closure on the left chest, the “Kayak” logo embroidered on the right chest, two vertical front pockets with zipper closures at the waist and a label with the “Kayak” logo on the rear yoke. The woven fabric shell of each garment has two chest pockets secured by flaps with hook and loop fasteners, an embroidered “Kayak” logo and a hanging “D” ring on the left chest pocket and a rectangular overlay piece of knit brushed fabric above the right chest pocket. The woven shell also has a tab with a hook and loop closure that fastens across the center portion of the front zipper, two double entry front pockets at the waist that are secured at the top by a flap with hook and loop fasteners and at the side by a zipper closure, and a free hanging rear yoke that has a hook and loop fastener and a tab with the “Kayak” logo.

Style number 013-359 is a woman’s shirt constructed of a woven 100% nylon fabric. The shirt is lined with a mesh 100% nylon fabric in the rear yoke. The shirt, which is sleeveless, has a fold-down button collar, a full front opening secured by six right-over-left button closures and two chest pockets that are covered at the top by an overlay strip of fabric with a hook and loop fastener. The “Kayak” logo is embroidered above the left chest pocket. The garment has two side seam vents at the bottom hem and a free hanging rear yoke with a hook and loop fastener and a tab with the “Kayak” logo.

The samples are 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 the case of style numbers 143-201 and 043-201 neither the knit 80% cotton/20% polyester fabric nor the woven 100% nylon fabric provides the essential character. Therefore, classification will be as woven nylon based on the above.

The applicable subheading for style number 143-201 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. The duty rate will be 15.1 percent ad valorem.

The applicable subheading for style number 043-201 will be 6202.93.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for other: women’s or girls’ padded sleeveless jackets: of man-made fibers. The duty rate will be 15.1 percent ad valorem.

The applicable subheading for style number 013-359 will be 6206.40.3030, Harmonized Tariff Schedule of the United States (HTS), which provides for other: women’s blouses, shirts and shirt-blouses: of man-made fibers. The duty rate will be 27.1 percent ad valorem.

We note that both padded sleeveless jackets are 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.

Style numbers 143-201 and 043-201 fall within textile category designation 659. Style number 013-359 falls within textile category designation 641. Based upon international textile trade agreements products of China 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 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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