United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2004 NY Rulings > NY K81788 - NY K81838 > NY K81795

Previous Ruling Next Ruling
NY K81795

February 17, 2004
CLA-2-62:RR:NC:WA:357 K81795


TARIFF NO.: 6201.93.2020

Ms. Shelly Monahan
Seattle Pacific Industries, Inc.
P.O. Box 58710
Seattle, WA 98138

RE: The tariff classification of a boy’s reversible padded sleeveless jacket from Bangladesh, Cambodia, Indonesia, Thailand and Vietnam

Dear Ms. Monahan:

In your letter dated January 19, 2004, you requested a classification ruling.

The sample submitted, style number B37P44M, is a boy’s hip-length reversible padded sleeveless jacket. One shell of the garment is constructed of a brushed knit 100% polyester fleece fabric. The other shell is constructed of a woven 69% nylon/31% cotton fabric which has a polyurethane coating. In a phone conversation you indicated that the garment will be imported in boy’s sizes S to XL.

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

The garment has a full front opening secured by a reversible zipper pull closure, oversized armholes that are edged with binding fabric, a stand-up collar and a bottom hem that is cut straight across and is shorter in the front and is cut round and is longer in the rear. The knit polyester fabric shell has two front pockets on the lower portion of the front panels and a label on the rear yoke that features the “Unionbay” tradename. The woven nylon/cotton fabric shell has a zippered pocket on the left chest and two front pockets on the lower portion of the front panels. There is a reflective label that features the “Unionbay” tradename below the left front pocket and a reflective print that features the “Unionbay” logo on the rear yoke.

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 knit polyester fabric nor the woven nylon/cotton fabric provides the essential character. Therefore, classification will be as woven 69% nylon/31% cotton fabric 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 14.9 percent ad valorem.

We note that this padded sleeveless 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 garment falls within textile category designation 659. Based upon international textile trade agreements products of Thailand and Indonesia are presently subject to quota restraints and the requirement of a visa. Products of Bangladesh and Cambodia are not presently subject to quota restraints but a visa is required. Products of Vietnam are not presently subject to quota restraints or 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

Previous Ruling Next Ruling

See also: