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NY L82624

March 8, 2005

CLA-2-61:RR:NC:N3:353 L82624


TARIFF NO.: 6113.00.1010

Mr. Robert Stack
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

RE: The tariff classification of a women’s reversible jacket from China.

Dear Mr. Stack:

In your letter dated February 15, 2005, on behalf of Amerex Group, Inc., you requested a tariff classification ruling. The sample will be returned to you as requested.

The submitted sample, style 158 (262-8013) is a woman’s reversible jacket with a full front zippered opening. Side A is composed of 84% modacrylic, 16% polyester knit pile (faux fur) fabric. Side B is composed of knit polyester fabric coated on the outer surface with compact 100% polyurethane plastic material that completely obscures the underlying fabric. Both sides feature an attached hood and slash pockets below the waist with vertical pocket openings. Side B features a rear yoke, and both sides feature multi-sectional construction.

As per Chapter 61 Note 8. Garments which are, prima facie, classifiable both in heading 6113 and in other headings of this chapter, excluding heading 6111, are to be classified in heading 6113.

The applicable subheading for style 158 (262-8013) will be 6113.00.1010, Harmonized Tariff Schedule of the United States (HTS), which provides for "Garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: Having an outer surface impregnated, coated, covered, or laminated with rubber or plastics material which completely obscures the underlying fabric, Coats and jackets: Women’s or girls’. The duty rate will be 3.8% ad valorem.

You also address the marking with the country of origin on a reversible garment. 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 there under 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.

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 Kenneth Reidlinger at 646-733-3053.


Robert B. Swierupski

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