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NY I89024




December 19, 2002

CLA-2-62:RR:NC:N3:360 I89024

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0070

Mr. Frank Saviano
Agra-Services Brokerage Co., Inc.
221-20 147th Avenue
Jamaica, NY 11413

RE: The tariff classification of a woman's vest from China

Dear Mr. Saviano:

In your letter dated December 2, 2002, you requested a tariff classification ruling on behalf of August Silk Inc. The sample submitted with your request will be returned to you under separate cover.

Style S31BW427 is a woman’s vest constructed from 100 percent cotton openwork fabric, known as “Battenberg Lace”. The garment features oversized armholes and an unsecured front opening. The garment provides insufficient coverage for wear without another outer garment.

Although you have described this garment as a knit/crocheted vest, that is not the case. This garment is made from machine made ribbon sections that are joined with cotton string in an over and under type of weave. There is no apparent looping. Garments made up of lace produced in this manner are not considered to be of a knit or crocheted construction.

The applicable subheading for style S31BW427 will be 6211.42.0070, 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: vests. The rate of duty will be 8.2 percent ad valorem. Effective January 1, 2003, the rate of duty remains unchanged.

Style S31BW427 falls within textile category designation 359. 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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