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NY L84494




May 20, 2005

CLA-2-62:RR:NC:WA:357 L84494

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.2020

Ms. Joan Studeny
GHY USA, Inc.
572 South Fifth Street
Pembina, ND 58271

RE: The tariff classification of a man’s reversible padded sleeveless jacket from Indonesia

Dear Ms. Studeny:

In your letter received in this office on May 3, 2005, on behalf of Richlu Manufacturing, you requested a classification ruling.

The sample submitted, style number A31011, is a man’s hip-length reversible padded sleeveless jacket. One shell of the garment is constructed of a woven camouflage design 55% cotton/45% polyester fabric. The other shell is constructed of a woven blaze orange 100% polyester fabric that has a polyurethane coating on the inner surface. The garment has a nonwoven batting fill.

The padded sleeveless jacket has oversized armholes, a full front opening secured by a reversible zipper pull closure, a neck warmer collar composed of a ribbed-knit fabric and a straight cut hemmed bottom. The cotton/polyester fabric shell has two front pockets below the waist and a label on the lower portion of the left pocket that features an eagle and the logo “North American Hunting Club Life Member”. The blaze orange polyester fabric shell has no pockets.

The sample is being returned to you as you have requested.

In your letter you suggested classification for this garment under HTS 6210.40.5020. To qualify for this subheading the coating must be visible to the naked eye, other than by change of color. Examination of the sample indicates that this criterion has not been met. Therefore, classification under HTS 6210 is precluded.

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 55% cotton/45% polyester fabric nor the woven 100% polyester fabric provides the essential character. Therefore, classification will be as woven 100% polyester based on the above.

The padded sleeveless jacket is not eligible for classification under the water resistance subheading, which does not include garments of this type.

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 boy’s padded, sleeveless jackets: of man-made fibers: other. The duty rate will be 14.9 percent ad valorem.

We note that this jacket is marked with the country of origin by means of a fabric label sewn inside one of the pockets. Customs 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 jacket falls within textile category designation 659. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.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 W. Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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