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NY D85575





December 22, 1998

CLA-2-62:RR:NC:WA:357 D85575

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.33.0054; 6211.33.0061

Ms. Sue Upchurch
Fritz Companies, Inc.
Liberty Building
7001 Chatham Center Drive, Suite 100
Savannah, Georgia 31405

RE: The tariff classification of a man's vest and a man's short sleeve pullover from Sri Lanka

Dear Ms. Upchurch:

In your letter dated December 4, 1998, on behalf of International Links, Inc., DBA Proquip, you requested a classification ruling.

Two samples were submitted as follows: Style number 218804 is a man's pullover sleeveless vest. The vest is constructed of a woven shell composed of a 100% polyester fabric which has a polyurethane coating. The garment is lined with a woven 100% nylon fabric. The garment is hip-length, has a stand-up collar and a partial opening at the neck which is secured by a zipper closure that extends to the top of the garment's collar. An overlapping flap with three snaps covers the zipper area. The inner portion of the garment's collar is composed of a ribbed-knit fabric. The vest has two zippered front pockets at the waist, oversized armholes and a ribbed-knit fabric waistband.

Style number 218805 is a man's short-sleeve pullover constructed of a shell composed of a woven 100% polyester fabric which has a polyurethane coating. The garment is lined with a woven 100% nylon fabric. The pullover is hip-length and has a stand-up collar which is composed of a ribbed-knit fabric on the inner surface. The pullover has a partial opening at the neck which is secured by a zipper closure that extends to the top of the garment's collar. An overlapping flap with three snaps covers the zipper area. The garment's waistband is composed of a ribbed-knit fabric. There are two zippered front pockets at the waist. Embroidered onto the left sleeve is the "Proquip" logo and tradename.

The coating on each garment is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.

The samples are being returned to you.

The applicable subheading for the vest will be 6211.33.0054, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, men's or boys': of man-made fibers, other, vests. The duty rate will be 16.6 percent ad valorem. Effective January 1, 1999 the rate of duty will be 16.5 percent ad valorem.

The applicable subheading for the short-sleeve pullover will be 6211.33.0061, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, men's or boys': of man-made fibers, other. The duty rate will be 16.6 percent ad valorem. Effective January 1, 1999 the rate of duty will be 16.5 percent ad valorem.

The vest and the short sleeve pullover fall within textile category designation 659. Based upon international textile trade agreements products of Sri Lanka are present 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. 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 W. Raftery at 212-466-5851.

Sincerely,

Robert B. Swierupski
Director,

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