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NY B85231




May 22, 1997

CLA-2-62:RR:NC:TA:360 B85231

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0076

Mr. Herbert J. Lynch
Sullivan & Lynch, P.C.
156 State Street
Boston, MA 02109-2508

RE: The tariff classification of a woman's vest from Hong Kong

Dear Mr. Lynch:

In your letter dated April 22, 1997, you requested a classification ruling on behalf of Susan Bristol Inc. The sample submitted with your request will be returned to you under separate cover.

Style 1741949 is a vest composed of two fabrics of different fiber compositions. The back panel which extends to the side and onto the front of the vest is constructed from 55 percent rayon/30 percent wool/15 percent nylon woven fabric. The front panels, with the exception of the bottom band and sides, are constructed from 100 percent cotton woven velveteen fabric. The fully lined vest features oversized armholes, a v-neckline, a full front opening secured by five buttons and embroidery on the velveteen panels.

The garment will be classified in accordance with GRI 3(b) which states that goods consisting of different materials shall be classified as if they consisted of the component which gives them their essential character. Headquarters Memorandum 084118 dated April 13, 1989, provides some guidelines to be used when determining the essential character of garments.

A. For upper body garments, if one component exceeds 60 percent of the visible surface area that component will determine the classification of the garment unless the other component:

(1) forms the entire front of the garment; or (2) provides a visual and significant decorative effect (e.g. a substantial amount of lace); or (3) is over 50 percent by weight of the garment; or (4) is valued at more than 10 times the primary component.

You have indicated that the rayon/wool/nylon segment comprises 62 percent of the visible surface area, making that the primary component. The guidelines, however, provide unless factors to overcome the presumption of the supremacy of the primary component. Based on the information that you have provided the weight of the velveteen cotton fabric represents 36% of the garment and the value: 45%, factors that do not overcome the primary component. Neither does the cotton fabric form the entire front of the garment nor does it provide a visual and significant decorative effect as contemplated by the memorandum. Therefore, the the essential character is imparted by the rayon/wool/nylon fabric. The garment will be classified under the heading for women's woven vests of man-made fibers, 6211, HTS.

The applicable subheading for style 1741949 will be 6211.42.0076, 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 man-made fibers: vests: other. The duty rate will be 16.7 percent ad valorem.

Style 1741949 falls within textile category designation 659. Based upon international textile trade agreements products of Hong Kong are subject to a visa requirement and quota restraints.

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. 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 Part 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 Patricia Schiazzano at (212) 466-5866.

Sincerely,

Paul K. Schwartz
Chief, Textiles & Apparel Branch

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