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NY J85863





July 14, 2003

CLA-2-62:RR:NC:N3:360 J85863

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.41.0050

Ms. Karen Riggs
Talbots
174 Beal Street
Hingham, MA 02043

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

Dear Ms. Riggs:

In your letter dated June 24, 2003, you requested a ruling on tariff classification. The sample submitted with your request will be returned to you under separate cover.

Style 35191426 is a woman’s vest composed of knit and woven components. The back panel, and the edging around the arm openings, bottom, neckline and front opening are constructed from 70 percent wool and 30 percent cashmere cable knit fabric. The front panels are constructed from 80 percent wool, 10 percent cashmere and 10 percent angora woven wool fabric. The vest features oversized armholes, a V-neckline and a full front zippered opening. The garment provides insufficient coverage for wear without another outer garment.

As noted above, the garment is made up of two different types of fabric. Such garments are considered a composite good, and based upon GRI 3(b) classified by the component that provides the essential character. In this case, the fabric of the front panels, which forms the entire front of the garment, provides the essential character; therefore, the garment is considered to be of woven fabric.

The applicable subheading for style 35191426 will be 6211.41.0050, 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 wool or fine animal hair: vests. The rate of duty will be 12.5 percent ad valorem.

The vest falls within textile category designation 459. Based upon international textile trade agreements products of Hong Kong 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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