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NY N010784




June 1, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.93.2020; 6202.93.5011

Mr. Nicholas Treppiedi
Mersant International Ltd.
158-12 Rockaway Blvd.
Jamaica, New York 11434

RE: The tariff classification of a woman’s jacket and a padded sleeveless jacket from Vietnam

Dear Mr. Treppiedi:

In your letter dated May 4, 2007, on behalf of Danskin, Inc., you requested a classification ruling.

Two samples were submitted as follows: Style number 9401 is a woman’s hip-length reversible jacket. One shell of the jacket is composed of a brushed heavy-knit 100% polyester fabric. The other shell is composed of a woven 100% polyester fabric.

The jacket has an integral hood, a full front opening secured by a reversible zipper pull closure, long hemmed sleeves and a straight cut hemmed bottom. The knit fabric shell has a zippered pocket on the right chest. The woven fabric shell has a clear plastic button on the left chest, two front pockets below the waist that have zipper closures covered by an overlay of fabric and contrasting color piping fabric on various areas of the front and rear panels and along the length of the front and rear sleeves.

Style number 9411 is a woman’s hip-length reversible padded sleeveless jacket. One shell of the garment is composed of a brushed heavy-knit 100% polyester fabric. The other shell is composed of a woven 100% polyester fabric. The padded sleeveless jacket has oversized armholes, a stand-up collar, a full front opening secured by a reversible zipper pull closure and a straight cut hemmed bottom. The knit fabric shell has a zippered pocket on the right chest. The woven fabric shell has a clear plastic button on the left chest, two front pockets below the waist that have zipper closures covered by an overlay of fabric, contrasting color piping fabric on the upper portion of the front and rear panels and the “Danskin” logo on the upper portion of the rear panel.

The samples are 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 the case of styles 9401 and 9411, neither the knit polyester fabric nor the woven polyester fabric provides the essential character. Therefore, classification will be as woven.

The applicable subheading for style 9401 will be 6202.93.5011, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other women’s anoraks, windbreakers and similar articles: of man-made fibers: other: other: other. The duty rate will be 27.7 percent ad valorem.

The applicable subheading for style 9411 will be 6202.93.2020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other women’s or girls’ padded sleeveless jackets: of man-made fibers: other. The duty rate will be 14.9 percent ad valorem.

We note that styles 9401 and 9411 are marked with the country of origin by means of a fabric label sewn to the nape of the neck on the knit fabric shell. 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.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Style 9401 falls within textile category 635. Style 9411 falls within textile category 659. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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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