United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1990 HQ Rulings > HQ 0085255 - HQ 0085309 > HQ 0085301

Previous Ruling Next Ruling


HQ 085301


October 19, 1989

CLA-2 CO:R:C:G 085301 DRR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.32.0070

Doreen Wai, Second Secretary
Hong Kong Economic and Trade Affairs
British Embassy
1233 20th Street, N.W., Suite 504
Washington, D.C. 20036

RE: Classification of hunting vest

Dear Ms. Wai:

This is in reference to your letter dated July 27, 1989, requesting the classification of a cotton hunting vest under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

The merchandise at issue consists of a hunting vest made of 100 percent woven cotton fabric. The vest is sleeveless, with a full front opening with button closure and nylon binding on the armholes and front edges. The vest has a quilted gun patch on the right chest, one left chest pocket, five elastic shell pockets with a cover flap on each side of the front panel and two patch pockets at the waist. The back panel is made of coated nylon and the lower third forms a game bag. Your letter indicates that you believe that the vest is subject to textile category 359.

ISSUE:

Whether the hunting vest at issue is classifiable under subheading 6201.92.2010, HTSUSA, or subheading 6211.32.0070, HTSUSA.

LAW AND ANALYSIS:

Classification under the HTSUSA is in accordance with the General Rules of Interpretation (GRI), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes. Subheading 6201.92.2010, HTSUSA, provides for men's or boys' overcoats, carcoats...including padded sleeveless jackets, of cotton, other, padded sleeveless jackets, other. Subheading 6211.32.0070, HTSUSA, provides for track suits, ski- suits and swimwear, other garments, other garments, men's or boys', of cotton, vests. In light of the fact that the hunting vest is only padded in one small area to protect against the recoil of a gun, and not padded overall, it is more appropriately classified in subheading 6211.32.0070, HTSUSA.

HOLDING:

The hunting vest at issue is classifiable under subheading 6211.32.0070, HTSUSA, with a duty rate of 8.6 percent ad valorem, category 359(2). The vest would still be subject to category 359(2) even if it were classified in subheading 6201.92.2010, HTSUSA.

Due to the changeable nature of the statistical annotation and the restraint (quota/visa) categories applicable to textile merchandise, the importer should contact the local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

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, we suggest that the importer 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 the local Customs office.

Your sample is being returned to you, as requested.

Sincerely,

John Durant, Director

Previous Ruling Next Ruling

See also: