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NY J84238




June 2, 2003

CLA-2-62:RR:NC:N3:360 J84238

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0076

Ms. Kim Whitfield
Barthco International, Inc.
390 Franklin Avenue
Franklin Square, NY 11010

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

Dear Ms. Whitfield:

In your letter dated May 14, 2003, you requested a tariff classification ruling on behalf of Smooth Industries. The sample submitted with your request will be returned to you under separate cover.

Style 130174 is a woman’s vest constructed from 100 percent polyester woven fabric. The vest features oversized armholes, a standup collar, two flapped pockets with snap closures below the waist and a full front zippered opening. The vest provides insufficient coverage for wear without another outer garment.

The applicable subheading for style 130174 will be 6211.43.0076, 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 man-made fibers: vests: other. The rate of duty will be 16.1 percent ad valorem.

Style 130174 falls within textile category designation 659. 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 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.).

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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