CLA-2-61:S:N:N3-I:356 852871
Mr. Michael P. Maxwell
Grunfeld, Desiderio, Lebowitz & Silverman
12 East 49th Street
New York, New York 10017
RE: The tariff classification of a men's and boy's knit jacket
from Korea.
Dear Mr. Maxwell:
In your letter dated May 18, 1990, you requested a tariff
classification ruling and a country of origin marking determination
on behalf of E.S. Originals Inc.
The subject sample, Style No. F0005, is a man's long sleeved
jacket which is constructed from both knit and woven fabric. The
garment features a full front, zippered opening; a convertible
collar; and elasticized rib knit cuffs and waistband. The knit
portions of the garment are constructed from 65 percent polyester,
35 percent cotton, finely knit fabric which is napped on the inside
surface. The woven portions of the garment are constructed from
65 percent polyester, 35 percent cotton woven sheeting. Your
letter states that the garment will be manufactured in men's sizes
small, medium, large, and extra-large and boy's sizes 8 through 20.
The visible knit portions of the jacket consist of the entire
back panel; the right sleeve with the exception of a two and one-
half inch wide woven fabric portion on the upper arm; the entire
left sleeve; the lower portion of each front panel; and two
horizontal strips of fabric on the upper left front. The woven
portions of the garment consist of the convertible collar; a two and
one-half inch wide portion on the upper right arm; and the upper
portion of each front panel except for two horizontal knit strips
on the left front panel.
You have indicated in your correspondence that an Olympic
logo displaying five interlocking hoops, a stylized flame and the
letters "USA" will be affixed to the left front panel of the
garment. Without further documentation regarding the trademark
status of this logo, we are unable to respond to your request as to
the acceptability of the country of origin marking of this garment.
You should submit a sample of the garment and information
concerning the trademark status of the logo used, and any
supporting documentation to:
Headquarters, U.S. Customs Service
Office of Regulations and Rulings
Entry, Licensing & Restricted Merchandise Branch
1301 Constitution Avenue, N.W.
Washington, D.C. 20229-0001
Consequently, the present ruling will be limited solely to the
tariff classification of the instant garment.
Your sample will be returned as requested.
The applicable subheading for the jacket will be
6101.30.2010, Harmonized Tariff Schedule of the United States
(HTS), which provides for: men's or boys' overcoats, carcoats,
capes, cloaks, anoraks (including ski-jackets), windbreakers and
similar articles, knitted or crocheted, other than those of heading
6103: of man-made fibers: other: other: men's. The duty rate will
be 30 percent ad valorem.
This garment falls within textile category designation 634.
Based upon international textile trade agreements, products of
Korea are subject to visa requirements and quota restraints.
The designated textile and apparel category may be
subdivided into parts. If so, visa and quota requirements applicable
to the subject merchandise may be affected. Since part categories
are the result of international bilateral agreements which are sub-
ject 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 Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have already been filed, this ruling should be brought to
the attention of the Customs officer handling the transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport