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NY J81626




March 17, 2003

CLA-2-61:RR:NC:TA: 359 J81626

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3035; 6211.43.0076

Ms. Melissa Weiss
Barthco Trade Consultants
721 Chestnut Street
Philadelphia, PA 19106

RE: The tariff classification of two women’s vests from China, Bangladesh and Indonesia

Dear Ms. Weiss:

In your letter dated February 18, 2003, on behalf of Norton McNaughton, Inc., you requested a tariff classification ruling.

You submitted two samples. Style JA 1M2ZXJ is a woman’s sleeveless vest that consists of two layers bonded together. The outer layer is made from a 100% polyester, brushed woven fabric. The inner layer is made from a 100% polyester, knit pile fabric. The vest features a hood, oversized armholes, 2 front vertical pockets in the waist area, and a straight bottom The tariff classification of this vest is governed by the rules used to classify its fabric; Legal Note 1(c), Chapter 60, HTS.

Style JJ0NSVW2 is a woman’s sleeveless woven vest that is constructed from 45% acrylic, 30% polyester, 20% wool, 5% other fibers. The vest features a turn down collar, oversized armholes, a full front opening with 5 button closures, 2 front adjustable tabs, and 2 front vertical pockets in the waist area. The garment also has faux fur trim around the collar and bottom. The garment provides insufficient coverage for wear without another outer garment.

Your samples are being returned as requested.

The applicable subheading for style JA 1M2ZXJ will be 6110.30.3035, Harmonized Tariff Schedule of the United States (HTS), which provides for sweatersvests, knitted: of man made fibers: otherother: vests, other than sweater vests: women’s. The duty rate will be 32.2% ad valorem.

The subheading for style JJ0NSVW2 will be 6112.43.0076, which provides for tracksuits, ski-suits, swimwear, other garments, women’s: of man made fibers: vests: other. The duty rate will be 16.1% ad valorem.

Each style falls within textile category designation 659. Based upon international textile trade agreements products of China, Bangladesh and Indonesia 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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