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NY J83275




May 6, 2003

CLA-2-62:RR:NC:3:353 J83275

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.49.9070, 6211.42.0070

Ms. Veronica Messmer
All Freight International, Inc.
131 SW 156th Suite 200
Seattle, WA 98166

RE: The tariff classification of a Vest Pack from China and Taiwan.

Dear Ms. Messmer:

In your undated letter received in this office on April 14, 2003, on behalf of American Amenities, you requested a classification ruling. As requested, the sample will be returned to you.

The submitted sample is a Vest Pack, which you state is an alternative to a backpack. The “A” Type Vest Pack will be constructed of woven 55% linen, 45% cotton twill fabric. The “B” Type Vest Pack will be constructed of woven 100% cotton twill fabric. You state that the Vest Pack is a new design for schoolbook carrying capabilities and is an alternative to the conventional backpack. The item will be worn over a shirt. Both Vest Packs will be lined with woven100%polyester fabric and feature injection molded polypropylene buckles. The garment is a vest with three internal zipper pockets, four outer front patch pockets and a full front opening secured by two short nylon webbing straps with buckles. The rear of the garment features a tote bag that is secured to the garment by hook and loop strip, and is covered, when attached, by a large flap that is attached to the upper rear yoke of the garment and secured at the bottom by buckles. The tote bag can be completely removed from the garment for separate use.

You suggest classification as backpacks under subheadings 4202.92.3020 and 4202.92.3016. However, the item is a composite of a tote bag and vest that make up the “Vest Pack.” The tote bag is a of a kind classified in HTS 4202.92, travel, ports and similar bags,; the vest is wearing apparel of a kind classified in HTS 6211. In this case neither the jacket nor the backpack provides the essential character. In accordance with GRI 3(c) of the Harmonized Tariff Schedules when goods cannot be classified by reference to GRI Rule 3(a) or 3(b), they are to be classified in the heading which occurs last in numerical order among those which equally merit consideration in determining their classification.. Therefore, classification will be as a vest.

The applicable subheading for the “A” Type Vest Pack will be 6211.49.9070, 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 other textile materials: Other, Vests.” The duty rate will be 7.4% ad valorem. The textile category designation is .

The applicable subheading for the “B” Type Vest Pack 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 duty rate will be 8.2% ad valorem.

The “B” Type Vest Pack falls within textile category designation 359. Based upon international textile trade agreements products of China and Taiwan are subject to quota and the requirement of a visa.

China and Taiwan are members of the World Trade Organization (WTO), and the “a” Type Vest Pack is not subject to quota or the requirements 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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