CLA-2-62:RR:NC:WA:357 B80966
Ms. Valerie Caulfield
Evans, Wood & Caulfield, Inc.
20 West Lincoln Avenue
Valley Stream, N.Y. 11580
RE: The tariff classification of a man's reversible jacket from
Hong Kong
Dear Ms. Caulfield:
In your letter dated January 6, 1997, on behalf of Synergy
International L.L.C., you requested a classification ruling.
The sample submitted, style number WM-8, is a man's hip-
length reversible jacket. One side of the jacket is constructed
of an outershell composed of a woven 55% ramie/45% cotton denim
fabric on the body and of a woven 100% cotton twill fabric on the
sleeves. The other side of the jacket is constructed of a woven
100% nylon fabric which is quilted in a diamond shape to a non-
woven batting. The garment's collar, sleeve cuffs and waistband
are composed of a knit 100% polyester fabric.
The jacket has a full front opening secured by a zipper
closure. There garment has two front slash pockets located at
the waist both on the ramie/cotton side and on the nylon side.
The sample is being returned to you.
In accordance with GRI 3(c) of the Harmonized Tariff
Schedule when goods cannot be classified by reference to GRI Rule
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
the competing classifications are as ramie (the predominant fiber
of the ramie/cotton side) and as nylon. As neither side imparts
the essential character, classification will be as ramie under
GRI 3(c).
The applicable subheading for the jacket will be
6201.99.9060, Harmonized Tariff Schedule of the United States
(HTS), which provides for other men's or boys' anoraks,
windbreakers or similar articles, of other textile materials.
The duty rate will be 4.4 percent ad valorem.
We note that this item is not marked with the country of
origin and fiber content. The Customs Service has ruled that
country of origin and fiber content marking on reversible jackets
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 requirements provided the label and hangtag are
legibly, conspicuously and permanently marked in accord 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.
This merchandise may be subject to an ITC Exclusion order
dealing with denim garments produced by certain acid wash
methods. For further information and admissibility you should
contact your local Customs office. This ruling applies to the
classification of the merchandise and not to its admissibility
under the terms of the exclusion order.
The jacket falls within textile category designation 834.
Based upon international textile trade agreements products of
Hong Kong are presently subject to quota restraints and the
requirement of a visa.
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. Part
categories are the result of international bilateral agreements
which are subject to frequent renegotiations and changes. To
obtain the most current information available, we suggest that
you check, close to the time of shipment, the Status Report on
Current Import Quotas (Restraint Levels), an internal issuance of
the U.S. Customs Service, which is available for inspection at
your local Customs office.
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 212-466-5851.
Sincerely,
Paul K. Schwartz
Chief, Textiles & Apparel Branch
National Commodity
Specialist Division