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NY B89856




October 1, 1997

CLA-2-62:RR:NC:3:353 B89856

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0081

Mr. Stephen M. Zelman
Stephen M. Zelman & Associates
888 Seventh Ave.
New York, N.Y. 10106

RE: The tariff classification of a thermalwear carrier, Style #S718001 from China.

Dear Mr. Zelman:

In your letter dated September 17, 1997, on behalf of Sportsmed International, Inc., you requested a classification ruling.

The submitted sample, Style #S718001 is a unisex garment resembling a vest. The garment is designed with inside pockets of netting to hold cold compresses against the body to protect the wearer from heat stress during work. The thermalwear carrier is composed of an outer shell and lining of woven cotton fabric and thinsulate (man-made fibers) interlining. The article does not have a front opening, a collar, or sleeves, and except for elasticized side strips, is fully open at the sides. It is put on by opening the hook and loop tabs at the shoulders or the elasticized strips (also secured by hook and loop tabs at the sides).

The applicable subheading for the vest will be 6211.42.0081, 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: Other. The duty rate will be 8.4% ad valorem.

The vest falls within textile category designation 359. Based upon international textile trade agreements products of China are subject to quota 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. 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 Martin Weiss at 212-466-5881.

Sincerely,

Robert B. Swierupski
Director,

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