The tariff classification of a woman’s reversible padded sleeveless jacket from Hong Kong

NY H80705 June 13, 2001 CLA-2-62:RR:NC:WA:357 H80705 CATEGORY: Classification TARIFF NO.: 6202.93.2020 Mr. Herbert J. Lynch Sullivan & Lynch, P.C. 156 State Street Boston, Massachusetts 02109-2508 RE: The tariff classification of a woman’s reversible padded sleeveless jacket from Hong Kong Dear Mr. Lynch: In your letter dated May 11, 2001, on behalf of Susan Bristol, Inc., you requested a classification ruling. The sample submitted, style number 1152976, is a woman’s hip-length reversible padded sleeveless jacket. One shell of the garment is constructed of a woven 100% cotton velveteen fabric that is quilted to a nonwoven batting fill. The other side is constructed of a woven 56% nylon/44% polyester fabric. The padded sleeveless jacket features a stand-up collar that is edged at the top with fake fur. The fake fur is composed of an 85% acrylic/15% polyester fiber. The garment has oversized armholes, a full front opening that is secured by a reversible zipper pull closure that extends to the top of the garment’s collar and a straight cut bottom hem. The garment also has two front pockets at the waist on both the cotton fabric side of the garment and on the nylon/polyester fabric side. The sample is being returned to you as you have requested. In accordance with GRI 3(c) of the Harmonized Tariff Schedules 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 neither the woven cotton velveteen fabric nor the woven nylon/polyester fabric provides the essential character. Therefore, classification will be as woven nylon/polyester based on the above. The applicable subheading for the padded sleeveless jacket will be 6202.93.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for other women’s or girls’ padded, sleeveless jackets of man-made fibers: other. The duty rate will be 15.5 percent ad valorem. We note that this padded sleeveless jacket is marked with the country of origin by means of a fabric label sewn inside one of the pockets. 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 thereunder by the Federal Trade Commission, for which U.S. Customs does not issue rulings. The padded sleeveless jacket falls within textile category designation 659. 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 and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment. 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 212-637-7076. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division