CLA-2-62:S:N:N3:357 874360
Mr. James A. McCauley
R.M. Arden & Co., Inc.
200 Broadhollow Road
Suite 202
Melville, N.Y. 11747
RE: The tariff classification and marking of a man's reversible
warm-up suit from Korea.
Dear Mr. McCauley:
In your letter dated May 5, 1992, you requested a
classification ruling. A sample was submitted and is being
returned.
The merchandise in question, style #624, consists of a
jacket and pants made from 100% woven crinkle nylon fabric. One
fabric shell is black and the reverse fabric is gray.
The jacket has a full-front opening secured by a zipper with
a reversible pull; an elasticized waist and cuffs; slant pockets
at the waist on both sides and a zip-through stand-up collar.
Both sides feature an embroidered logo on the left chest.
The trousers have an elasticized waist with no break;
reversible zippers at the ankles which are elasticized; a
drawstring at the waist; side seam pockets on both sides; and an
embroidered logo on both sides.
The applicable subheading for the jacket will be
6203.23.0050, Harmonized Tariff Schedule of the United States
(HTS), which provides for ensembles of synthetic fibers: garments
described in heading 6201. The duty rate will be 29.5% ad
valorem, which is the rate applicable if the garment is entered
separately.
The applicable subheading for the trousers will be
6203.23.0060, HTS, which provides for ensembles of synthetic
fibers: trousers. The duty rate will be 29.7% ad valorem, which
is the rate if entered separately.
You also inquired about country of origin marking and fiber
content labeling requirements for these reversibles. You plan to
put the country of origin on a hang tag affixed to the neck of
the jacket. A label containing the information required by the
Federal Trade Commission, namely the country of origin, the fiber
content and the RN number, will be on a label sewn into a pocket
on the jacket and the pants.
Generally, wearing apparel with a neck must be marked with a
sewn-in label in the center of the neck for purposes of Section
304 of the Tariff Act of 1930, as amended, which governs the
country of origin marking requirements of imported goods.
However, in the case of reversible garments there are exceptions.
Inasmuch as the country of origin will appear on the label in the
pocket and on the hang tag we consider this merchandise in
compliance with the requirements of Section 304 of the Tariff
Act.
Although Customs enforces fiber content labeling for the
FTC, we do not rule on fiber content marking requirements. In a
telephone conversation with the National Import Specialist for
this merchandise you were given the telephone number of the
Federal Trade Commission where you may confirm their labeling
requirements.
The jacket and pants fall within textile category
designation 634 and 647, respectively. Based upon international
textile trade agreements products of Korea are 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. 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.
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 been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport