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NY J86758




August 8, 2003

CLA-2-62:RR:NC:TA:357 J86758

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.33.0054

Mr. Pete Michalczyk
Colorado Customs Brokers, Inc.
6750 E. 46th Ave. Dr.
Unit 600
Denver, CO 80216

RE: The tariff classification of a men’s cycling vest from Macau and Thailand

Dear Michalczyk:

In your letter dated June 17, 2003, received on July 17, you requested a classification ruling. A sample was submitted and is being returned as you requested.

The item in question, style 4699, Zephrr Vest, is a men’s outerwear vest with front and side panels, a back yoke and a strip in the lower back made from a woven 100% polyester fabric treated with a Teflon application for water resistance. The remainder of the item, consisting of a panel measuring approximately 15-inches long by 11-inches wide in the back, is made from an open mesh knit fabric. The garment has a full front opening secured by a zipper that extends to the top of the collar, and there is elasticized binding around the armhole openings.

In your letter you requested classification as water resistant due to the use of treated fabric for the woven portions of this garment. The General Rules of Interpretation (GRI) direct us to classify merchandise according to the terms of the headings and the relative chapter notes. Because there is no provision for water resistance under the subheading for vests, classification as water resistant is not applicable. Further, even if the garment were of a type eligible for water resistant consideration, the large portion of untreated back panel fabric would disqualify such garment from a water resistant classification.

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

This vest falls within textile category designation 659. Based upon international textile trade agreements products of Thailand are subject to quota and the requirement of a visa. Products of Macau are subject to 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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