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NY 892305





December 3, 1993

CLA-2-62:S:N:N5:360 892305

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0070

Mr. Herbert J. Lynch
Sullivan & Lynch, P.C.
156 State Street
Boston, MA 02109

RE: The tariff classification of a woman's woven vest from India

Dear Mr. Lynch:

In your letter dated November 10, 1993, you requested a tariff classification ruling on behalf of Susan Bristol Inc.

The submitted sample, style F94/01, is a vest constructed from 100 percent woven cotton. As requested you sample will be returned to you.

In your letter, you refer to style F94/01 as a Jawahar. The garment is sleeveless, has deep armholes and front panels consisting of patchwork circles sewn together with open areas and no closure. The rear panel has an adjustable tie. The garment extends to the hip area.

The applicable subheading for the vest will be 6211.42.0070, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments: other garments, women's or girls'; of cotton...vests. The rate of duty will be 8.6 percent ad valorem.

The Jawahar falls within textile category designation 359. Based upon international textile trade agreements, products of India are subject to quota restraints and a visa requirement.

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 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.

You have also asked for a ruling on the exempt status of this garment. It is Customs policy not to designate apparel items quota exempt. Quota exempt status is initiated by the foreign country under terms of the agreements. Inquiry as to the exempt status of the garment should be directed to:

U.S. Department of Commerce
Office of Textile and Apparel
Room 310
Washington, D.C. 20230

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

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