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NY J88045




September 10, 2003

CLA-2-62:RR:NC:WA:357 J88045

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0076

Ms. Barbara Klausman
James J. Boyle & Co.
Air & Ocean Import & Export
7505 N.E. Ambassador Place, #B
Portland, OR 97220

RE: The tariff classification of a unisex outerwear vest from China

Dear Ms. Klausman:

In your letter dated August 12, 2003, on behalf of W.W. Grigg Imports, you requested a classification ruling.

The sample submitted is a unisex outerwear vest that will be imported under style numbers NV16P-S, NV16P-M, NV16P-L, NV16P-XL and NV16P-XXL in various sizes. The vest is constructed of a shell composed of a woven 100% nylon fabric and a lining composed of a mesh 100% polyester fabric. The vest will be used for fishing, hiking, the carrying of camera equipment and other outdoor activities.

The vest is waist-length and has a neck warmer collar composed of a ribbed-knit fabric, a v-shaped front neckline, a full front opening secured by a zipper closure that extends from the mid-chest area to the bottom hem and oversized armholes that are capped at the edge with a binding fabric. The vest features two double bellows chest pockets with flaps that have pull tabs and are secured by hook and loop fasteners, two front triple bellows pockets at the waist (two of which have flaps with pull tabs and are secured by hook and loop fasteners and one that has a zipper closure), two zippered inner pockets, and two large zippered pockets on the rear panel with a mesh insert on each side. The vest also has a textile loop with a hanging D-ring under each armhole and a drawcord tightening at the bottom hem.

The sample is being returned to you.

If the garment is sold to both males and females and cannot be identified as exclusively men’s, then the applicable classification for the garment will be in the HTS subheading covering women’s garments.

The applicable subheading for the vest will be 6211.43.0076, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women’s or girls’: of man-made fibers: vests: other. The duty rate will be 16.1 percent ad valorem.

The 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 W. Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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