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NY 816385





December 1, 1995

CLA-2-62:RR:NC:WA 353 816385

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.32.0070

Ms. Michele R. Markowitz
Sharretts, Paley, Carter & Blauvelt, P.C. 67 Broad Street
New York, N.Y. 10004

RE:The tariff classification of a men's fishing vest from Sri Lanka

Dear Ms. Markowitz:

In your letter dated November 3, 1995, you requested a tariff classification ruling on behalf of Bimini Bay Outfitters. A sample was submitted for review and will be returned as per your request.

The submitted sample, style no. 5100, consists of a garment stated to be constructed of woven material comprised of 60% cotton/40% polyester and knit material comprised of 100% polyester mesh. The garment features a full frontal opening secured by a buckle closure, drawstring hem, and a number of pockets for the storage and transport of fishing gear. The two upper exterior front pockets are secured by velcro closures. A strip of pile material is secured to one front pocket by velcro and a clear plastic bag is secured to the other pocket, also by velcro. The garment also features two lower exterior pockets, each of which is a "double pocket", that is one pocket has a zipper closure and beneath this is a pocket with a velcro closure.

This garment is a composite article composed of woven and knit components. The woven components provide utility as a fishing vest and their stated value, weight and amount of material in the garment exceeds that of the knit components. The knit mesh portion, however, provides the structure of the garment which allows it to function as a vest and provides the platform onto which the utility pockets are attached to. Both the knit and woven portions of the garment, in the opinion of this office, equally merit consideration , and based on the application of GRI 3(c) will be classified under the heading which appears last in numerical order. The competing provisions are HTS 6114..30.3060 vs. 6211.32.0070.

The applicable subheading for the men's fishing vest, style 5100, will be 6211.32.0070, Harmonized Tariff Schedule of the United States (HTS), which provides for Track suits, ski-suits and swimwear: other garments: Other garments, men's or boys': Of cotton...... Vests.. The rate of duty will be 8.6 percent ad valorem. The textile category designation is 359. As a product of Sri Lanka, this merchandise may be subject to quota restraints and visa requirements based upon international textile trade agreements.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable tp the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are the subject of 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 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 Martin Weiss at 212-466-5881.

Sincerely,

Roger J. Silvestri
Director

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