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NY J83606




May 7, 2003

CLA-2-62:RR:NC:WA:357 J83606

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.32.0070

Mr. Paul Meyer
Nik And Associates
800 S Hindry Avenue Unit A
Inglewood, CA 90301

RE: The tariff classification of a vest/backpack combination from China; Composite Good

Dear Mr. Meyer:

In your letters dated February 11, 2003 and April 2, 2003, on behalf of JMI International, you requested a classification ruling.

The sample submitted, style name “Upland Pack – Vest,” is a man’s vest/backpack combination which is constructed of a woven camouflage design 55% cotton/45% polyester fabric. The vest portion of the article is lined with a woven solid color 60% cotton/40% polyester fabric. The primary use of the vest/backpack is for hunting.

The vest portion of the article is hip-length and has a full front opening secured by a zipper closure and a diagonal textile strap on the inner surface that is fastened across the chest area by a plastic buckle. An overlapping flap with two hook and loop fasteners covers the zipper area. The vest features oversized armholes, two large double entry front pockets with flaps secured by hook and loop fasteners, small pockets inside the front pockets which are designed to carry ammunition, a barrel shaped pocket with a drawcord tightening on each side of the rear panel and an inner adjustable padded waistbelt. The waistbelt is secured by a textile strap and plastic buckle and is used for comfortable support and better balance. The garment features a slash opening with a snap closure along the length of the front panels on each side of the front placket and a zipper under the rear yoke. When the zipper under the rear yoke is opened the rear panel becomes detached at the top and can be used by the wearer for easy access to the game pocket. The pocket has textile straps and plastic buckles on the inner surface that can be used to carry heavy game and cargo in comfort. Sewn onto the vest’s rear panel is a backpack that measures approximately 17-inches in height, 11-1/2 inches in width and has depth. The backpack is constructed of the same camouflage design fabric as the vest and has a compartment opening at the top that is secured by a flap with hook and loop fasteners. The backpack compartment can be used to hold items separately. The backpack also has three sternum straps with plastic buckles on the outer surface which can be used to distribute and carry additional cargo more evenly.

The sample is being returned to you.

In accordance with GRI 3(c) of the Harmonized Tariff Schedules when goods cannot be classified by reference to GRI 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. In this case neither the vest nor the backpack provides the essential character. Therefore, classification will be as a vest based on the above.

The applicable subheading for the vest/backpack will be 6211.32.0070, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, men’s or boys’: of cotton: vests. The duty rate will be 8.2 percent ad valorem.

The vest falls within textile category designation 359. 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 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 W. Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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