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NY J87181

September 16, 2003

CLA-2-62:RR:NC:WA:357 J87181


TARIFF NO.: 6202.19.1000

Ms. Kim Young
BDP International, Inc.
2721 Walker Avenue N.W.
Grand Rapids, MI 49504

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

Dear Ms. Young:

In your letter dated August 12, 2003, on behalf of Meijer Distribution, you requested a classification ruling.

The sample submitted, style number A93907, is a woman’s thigh-length reversible pea-style coat. One side of the coat is constructed of a shell composed of a woven 80% wool/20% rayon viscose fabric. The other shell is constructed of a woven 70% silk/30% nylon fabric.

The coat is slightly fitted at the waist, has a notched-lapel style collar, a full front opening that is secured on each shell by a double-breasted right-over-left four-button closure, long hemmed sleeves and a straight cut hemmed bottom. The wool/rayon fabric shell has two front in-seam pockets below the waist and two buttons at the wrist area. The silk/nylon fabric shell has a pocket on the left chest and two front pockets below 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 woven wool/rayon shell fabric nor the woven silk/nylon shell fabric provides the essential character. Therefore, classification will be as woven 70%silk/30% nylon fabric 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 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 0.3 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 coat falls within textile category designation 735. Based upon international textile trade agreements products of China are not 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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.


Robert B. Swierupski

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