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NY J86831




August 19, 2003

CLA-2-62:RR:NC:N3:360 J86831

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.49.1070

Mr. Charles Spoto
Alba Wheels Up International, Inc.
150-30 132nd Avenue - Suite 208
Jamaica, NY 11434

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

Dear Mr. Spoto:

In your letter dated July 21, 2003, on behalf of Summit Ridge Corp., you requested a ruling on tariff classification. The sample submitted with your request will be returned to you under separate cover.

Style 2961 is a women’s vest composed of knit and woven components. The back panel, hood, and the edging around the arm openings are constructed from 100 percent cotton knitted fabric. The front panels are constructed from 100 percent silk woven fabric. The vest features oversized armholes; a hood with a drawstring; two pockets with zipper closures located below the waist; 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 silk woven fabric.

The applicable subheading for style 2961 will be 6211.49.1070, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women’s or girls’: of other textile materials: containing 70 percent or more by weight of silk or silk waste, vests. The rate of duty will be 1.9 percent ad valorem.

Style 2961 falls within textile category designation 759. Based upon international textile trade agreements products of China are currently not 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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