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NY H89180




April 1, 2002

CLA-2-62:RR:NC:N3:360 H89180

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0076

Ms. Annmarie DeVivo
Barthco International, Inc.
150-30 132nd Street
Jamaica, NY 11434

RE: The tariff classification of women's woven vests from China.

Dear Ms. Devivo:

In your letter dated March 12, 2002, you requested a tariff classification ruling on behalf of Smooth Industries. The samples submitted with your request will be returned to you under separate cover.

Style 121783 is a woman’s vest constructed from 97 percent polyester and 3 percent spandex woven fabric. The vest features oversized armholes, a shirt collar, breast pockets with flaps, two on seam vertical pockets at the waist, two inside pockets and a full front opening secured by seven buttons. The garment provides insufficient coverage for wear without another outer garment.

Style 123883 is a woman’s vest constructed from 96 percent polyester and 4 percent spandex woven fabric. The garment features oversized armholes, a standup collar, two on seam vertical pockets at the waist and a full front opening secured by five buttons. The vest has a 100% polyester quilted lining filled with polyfill. The garment provides insufficient coverage for wear without another outer garment.

The applicable subheading for both styles will be 6211.43.0076, 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 rate of duty will be 16.2 percent ad valorem.

Both styles fall within textile category designation 659. Based upon international textile trade agreements products of China are currently subject to quota restraints and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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