The tariff classification of a girls' reversible jacket from Malaysia

PD A82603 May 10, 1996 CLA-2-D:C:G27 A82603 CATEGORY: Classification TARIFF NO.: 6202.93.4500, 6202.93.5021 Heather Bem Sanyei America Corporation 10 Second Street N.E. Riverplace, Suite 108 Minneapolis, MN 55413 RE: The tariff classification of a girls' reversible jacket from Malaysia Dear Ms. Bem: This classification decision under the Harmonized Tariff Schedule of the United States (HTS) is being issued in accordance with the provisions of Section 177 of the Customs Regulations (19 CFR 177) in response to your request dated April 22, 1996. A sample was submitted of style TGNYLPOL, a girls' hooded jacket. One side is constructed of a 100% nylon woven outer shell and the other side is 100% polyester polar fleece. The jacket features long sleeves with elasticized cuffs, a full frontal opening with a zipper closure, two slash-style front pockets, and elasticized waistband and elasticized hood. The zipper closure has a flap of material which covers the zipper and fastens to the other side of the zipper by means of four hook and loop closures. This method of closure applies to both sides of the reversible garment. Style # TGNYLPOL will be manufactured in Malaysia in toddler girls' sizes 2T-5T. An identical garment, style # BGNYLPOL will be manufactured in Malaysia in girls' sizes 4-16. If the jacket meets water resistance standards, the applicable subheading for the garment will be 6202.93.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets), other than those of heading 6204, anoraks (including ski-jackets), windbreakers and 2. PD A82603 similar articles (including padded, sleeveless jackets), of man-made fibers, other, other, other, water resistant. The duty rate will be 7.5 percent ad valorem. If the jacket does not meet water resistance standards, the applicable subheading for the garment will be 6202.93.5021, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets), other than those of heading 6204, anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets), of man-made fibers, other, other, other, other, girls'. The duty rate will be 29.1 percent ad valorem. Your letter also asked that we address the correct marking for this product. You propose that a hang tag with RN number, fiber content, country of origin, as well as size, style, and washing instructions be attached to the neck area with a plastic anchor. You would also provide the same information in a sew-in label in the inside of the wearer's left hand pocket. This is acceptable marking. We note that the Federal Trade Commission's rule 16 of the rules and regulations under the Textile Fiber Products Identification Act states that, "...if non-required information or representations are placed on the label or elsewhere on the product, such non-required information or representation shall be set forth separate and apart from the required information and shall not interfere with, minimize, detract from, or conflict with such required information..." For further information, we suggest that you contact your local office of the Federal Trade Commission. The jacket falls within textile category designation 635. As a product of Malaysia this merchandise is subject to visa requirements and quota restraints based upon international textile trade agreements. 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 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. 3. PD A82603 The sample is being returned to you. 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 been filed without a copy, this ruling, with its control number, should be brought to the attention of the Customs officer handling the transaction. Sincerely, David F. Greenleaf Port Director Dallas/Ft. Worth, TX