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NY J82587

April 25, 2003

CLA-2-62:RR:NC:N3:360 J82587


TARIFF NO.: 6208.99.3010

Tony Leung
Bregan Wood Limited
Unit 8, 9F. Eastern Harbor Centre
28 Hoi Chak Street
Quarry Bay, Hong Kong

RE: The tariff classification of a woman's bed jacket from China

Dear Mr. Leung:

In your letter dated April 2, 2003, you requested a ruling on tariff classification on behalf of The Restoration Hardware. The sample submitted with your request will be returned to you under separate cover.

The submitted sample, no style number designated, is a woman’s quilted bed jacket constructed from 100 percent silk woven fabric. The garment features long sleeves, a mandarin collar, a full front unsecured opening and a silk woven lining with acrylic fiber batting.

The applicable subheading for the bed jacket will be 6208.99.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: other: of silk or silk waste: containing 70 percent or more by weight of silk or silk waste, bathrobes, dressing gowns and similar articles: women’s. The rate of duty will be 1.7 percent ad valorem.

You have asked about the marking requirements for the submitted garment. The submitted sample is not marked with its country of origin. Section 134.11 of the Customs Regulations (19 C.F.R. 134.11) provides in part:

Unless excepted by law...every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to an ultimate purchaser in the U.S. the English name of the country of origin of the article, at the time of importation into the Customs territory of the U.S.

Generally, garments having a neck should be marked in the center of the neck midway between the shoulder seams. In addition, textile fiber products imported into the U.S. must 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 FTC also enforces care labelling requirements.

The bed jacket falls within textile category designation 750. Based upon international textile trade agreements products of China are currently 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 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.).

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 Patricia Schiazzano at 646-733-3051.


Robert B. Swierupski

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