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NY I80045





April 9, 2002

CLA-2-61:RR:NC:TA:359 I80045

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3035

Mr. Scott Perroncino
Classic Custom Brokers, Corp.
Cargo Building #80, Room 205
J.F. Kennedy International Airport
Jamaica, NY 11430

RE: The tariff classification of two women’s vests from Hong Kong or China

Dear Mr. Perroncino:

In your letter dated March 28, 2002, on behalf of Spex Clothing Co., you requested a tariff classification ruling.

Style numbers 120335A and 774221855 are two women’s sleeveless vests that are constructed from 100% polyester, knit pile fabric (the front two panels of both garments except for the waistband) and 55% ramie, 45% acrylic, 2x2 rib knit fabric (the collar, the armholes, the back panel and the waistband of the front panels of both garments). Each vest features a mock collar, oversized armholes, and a full front opening with a zipper closure. The outer surface of the front panels of each garment measures more than 9 stitches per 2 centimeters in the horizontal direction. The outer surface of the rib knit fabric for style 120335A measures 9 or fewer stitches per 2 centimeters in the horizontal direction. The outer surface of the knit fabric for style 77422185 measures 9 or more stitches per 2 centimeters in the horizontal direction.

The essential character of each style above is given by the knit pile front panels, Harmonized Tariff Schedule of the United States (HTS), General Rules of Interpretation (GRI) Rule 3, noted.

Your samples are being returned.

The applicable subheading for each vest will be 6110.30.3035, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters(vests) and similar articles, knitted: of man made fibers: otherother: vests, other than sweater vests: women’s. The duty rate will be 32.4% ad valorem.

Each vest falls within textile category designation 659. Based upon international textile trade agreements products of China and Hong Kong are subject to quota 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 Mike Crowley at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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