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41NY J85269


June 20, 2003

CLA-2-62:RR:NC:WA:357 J85269

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.33.0054

Ms. MaryEllen Muller
The Folsom Corporation
43 McKee Drive, Box 616
Mahwah, N.J. 07430

RE: The tariff classification of a man’s outerwear pullover vest from Vietnam

Dear Ms. Muller:

In your letter dated May 29, 2003, you requested a classification ruling.

The sample submitted, style number ACG5001, is a man’s hip-length outerwear pullover wind vest that is constructed of a shell composed of a woven microfiber 100% polyester fabric that has a polyurethane and Teflon coating for water resistance.

The coatings are not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.

The vest has oversized armholes with a 100% polyester ribbed-knit fabric trim at the edges, a stand-up collar and a partial opening at the neck that is secured by a placket with a hidden three-snap closure. The vest also has two side seam pockets at the waist and a ribbed-knit fabric waistband. A decorative embroidery on the left chest depicts a golfer swinging a golf club.

The sample is being returned to you as you have requested.

The applicable subheading for the vest will be 6211.33.0054, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, men’s or boys’: of man-made fibers: vests: other. The duty rate will be 16.1 percent ad valorem.

The jacket falls within textile category designation 659. Based upon international textile trade agreements products of Vietnam are not presently subject to quota restraints or a visa requirement.

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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