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NY J87093




September 2, 2003

CLA-2-62:RR:NC:3:353 J87093

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0076

Ms. Cindi Wood
NIKE, Inc.
One Bowerman Drive
Beaverton, OR 97005-6453

RE: The tariff classification of a Mountain Rescue/Ski Patrol Vest from China.

Dear Ms. Wood:

In your letter dated August 7, 2003 you requested a classification ruling. As requested, the sample will be returned to you.

The submitted sample, Style 114328 Unisex Comm Vest is constructed of four layers: an outer shell of woven 90% nylon, 10% spandex fabric, a layer of polyester taffeta, a layer of foam plastic and an inner layer of knit polyester mesh fabric. The vest is worn as a mid-layer garment. The vest features a stand-up collar, full front zipper closure, two large water-resistant front pockets and two small side pockets. The back is mostly open, except for the yoke, and features adjustable straps. The right chest features a removable speaker and microphone, and a push-to-talk button, these are wired to the left front pocket, which contains an inner pocket for a radio (not included). The garment will be used in conjunction with the Portland Mountain Rescue and Mount Hood Meadows Ski Patrol. Its purpose is to provide a more comfortable, ergonomic, and functional tool for search and rescue teams.

In its imported condition, the item is considered a textile vest.

The applicable subheading for the Style 114328 Unisex Comm Vest 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 duty rate will be 16.1% ad valorem.

The Style 114328 Unisex Comm Vest falls within textile category designation 659. Based upon international textile trade agreements products of China are subject to quota 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. 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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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