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NY I85739




September 12, 2002

CLA-2-62:RR:NC:WA:357 I85739

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.33.0054; 6211.43.0076

Ms. Susan Morelli
Saucony, Inc.
13 Centennial Drive
Peabody, MA 01960

RE: The tariff classification of a man’s and a woman’s athletic outerwear vest from China

Dear Ms. Morelli:

In your letter dated August 20, 2002, on behalf of the “Hind” brand name, which is a trademark of Saucony, Inc., you requested a classification ruling.

Two samples were submitted, as follows: Style number 25179, “Men’s Hindsight Vest,” is a man’s hip-length outerwear vest. Style number 25176, “Woman’s Hindsight Vest,” is a woman’s hip-length outerwear vest. Each garment is constructed of a shell composed of a woven 100% polyester fabric. Each garment is lined in the upper rear panel, on the inner portion of the collar and in the pockets with a mesh 100% polyester fabric.

Each vest is sleeveless, has a stand-up collar and a full front opening secured by a zipper closure that extends to the top of the collar. Each garment also has two slanted front pockets with zipper closures at the waist, a free-hanging rear yoke which covers the mesh lining that adds ventilation during athletic activities, a reflective “stoplight” strip on each shoulder and on the lower portion of the rear panel and elasticized capping surrounding the edge of the armholes and at the bottom hem. The “MicroLight” logo is embroidered onto the rear portion of the collar, and the “Hind” trademark is featured on the left chest and on the tag hanging from each zipper pull.

The samples are being returned to you as you have requested

The applicable subheading for the man’s 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, vests: other. The duty rate will be 16.2 percent ad valorem.

The applicable subheading for the woman’s vest will be 6211.43.0076, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women’s or girls’: of man-made fibers, vests: other. The duty rate will be 16.2 percent ad valorem.

Each vest falls within textile category designation 659. Based upon international textile trade agreements products of China are presently 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 W. Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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