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NY 809173




May 15, 1995

CLA-2-61:S:N:N5: 359 809173

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3035

Mr. Arthur Stein
ETA Import & Export, Ltd.
1 Cross Island Plaza, 3rd Floor
Jamaica, NY 11422

RE: The tariff classification of a woman's vest from China.

Dear Mr. Stein:

In your letter dated March 9, 1995, which was resubmitted on April 10, 1995, on behalf of Sutton Creations, you requested a tariff classification ruling. Your sample is being returned as requested.

Style number 55180 is a woman's sleeveless, hooded vest constructed from 65% polyester, 35% cotton, knit fabric and 100% cotton, woven denim fabric. The knit fabric comprises the hood, the entire back, sections of the two front panels and the waistband. The woven fabric consists of the remainder of the two front panels. The knit fabric measures more than nine stitches per two centimeters horizontally. The vest features the following: a full frontal opening with a five button closure; two one button chest pockets; two front slant, inset pockets in the waist area; and a ribbed bottom.

You submitted the following information in your letter:

STYLE 55180 KNIT/WOVEN

Surface Area 55% 45%
Weight 52% 48%
Value 50.5% 49.5%

The essential character of the vest is imparted by the knit fabric, Harmonized Tariff Schedule of the United States(HTS), General Rules of Interpretation(GRI), 3(b), noted.

The applicable subheading for the vest will be 6110.30.3035, Harmonized Tariff Schedule of the United States (HTS), which provides for women's sweaters, pullovers.....waistcoats (vests)...knitted, of man-made fibers: other: other: other vests, other than sweater vests: women's. The duty rate will be 34% ad valorem.

The vest falls within textile category designation 659. Based upon international textile trade agreements products of China 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

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