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NY J87937




September 9, 2003

CLA-2-61:RR:NC:TA:N3:356 J87937

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3030; 8543.89.9695

Mr. Charles Cronn
Product Development
Kreamer Sports
7100 West Park Road
Shreveport, LA 71129

RE: The tariff classification of a men’s knit vest with heating element and a heating element assembly from Sri Lanka.

Dear Mr. Cronn:

In your letter dated August 12, 2003, and in subsequent information received August 21, 2003, and September 2, 2003, you requested a tariff classification ruling. As requested, your samples will be returned.

The submitted sample “Kreamer Fleeced Sports Vest” is a fully lined vest that is made to men’s specifications. The garment will be imported as Style BL in black and Style MOBU in camoflague colors. The shell and the lining are constructed from 100 percent polyester finely knit fabric that is napped on the outside surface. The garment features oversized armholes; a full front opening with a zippered closure; a self-fabric stand-up collar; side seam pockets below the waist; and a straight bottom with a drawcord. There is a heating element, Model 810, sewn between the shell and the lining on the left and right front panels and the center back. Extending from the inside left front panel is a copper wire that connects to a separate battery pack that is worn around the waist.

The heating element assembly, Model 810, consists of three eleastomer sheets with wire braid sewn into the edges. These sheets are covered by a nylon taffeta fabric. Lengths of 18 gauge copper wire connect the ends of each sheet and another length of wire connects to the battery pack.

The applicable subheading for the knit vest with the sewn in heating element, Styles BL and MOBU, will be 6110.30.3030, Harmonized Tariff Schedule of the United States, (HTS), which provides for: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: vests, other than sweater vests: men’s or boys’. The rate of duty will be 32.2 per cent ad valorem.

The applicable subheading for the heating element, Model 810, if imported separately will be 8543.89.9695, HTS, which provides for other electrical machines and apparatus, not specified or included elsewhere in Chapter 85, HTS. The rate of duty will be 2.6 percent ad valorem.

The knit vest with the sewn in heating element, Styles BL and MOBU, falls within textile category designation 659. Based upon international textile trade agreements, products of Sri Lanka are subject to visa requirements and quota restraints.

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 this ruling letter or the control number indicated above should be attached to the entry documents filed at the time this merchandise is imported. If you have any questions regarding this ruling, contact National Import Specialist Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski
Director,
National Commodity Specialist Division

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