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NY K89066




September 30, 2004

CLA-2-61:RR:NC:3:353 K89066

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3060; 6211.33.0054

Mr. James E. Unger
CBC Customhouse Brokers, Inc.
P.O. Box 730
Bloomingdale, IL 60108

RE: The tariff classification of vests from China.

Dear Mr. Unger:

In your undated letter, received by this office on August 31, 2004, on behalf of Innovative Case, Inc., you requested a classification ruling. As requested, the samples will be returned to you.

You have submitted three samples. Item 305-002 is a Trap/Clay Organizer vest. The vest is mostly constructed of a knit mesh 100% polyester fabric. The balance of the vest including a back yoke, capping around the neck, armholes and bottom, a padded area on the right front side, waistband, left side front pockets and lining of pockets below the waist is made of woven 60% cotton and 40% polyester fabric. This office notes that 60% or more of the surface area is of knit construction. The vest features a full frontal opening fastened with a zipper closure, deep V-neckline, two bellow pockets with mesh outsides below the waist with snap closures, two smaller chest pockets and a capped bottom with side slits.

Item 360 is a Mesh Wingshooter vest. The vest is constructed of a knit mesh 100% nylon fabric. The vest has 100% woven polyester overlays at the small back yoke, front yoke, forming the front pockets and at the bottom of the back game pouch. This office notes that 60% or more of the surface area is of knit construction. The vest features a full frontal opening fastened with a zipper closure, deep V-neckline, two bellow pockets at the waist with snap closures, a large back game pocket extending from the neck to the bottom of the item and a capped bottom, neck and armholes.

Item 3599 is Blaze Safety Cover vest. The woven man-made fiber fabric vest is blaze orange, the mandated color to be worn by hunters to prevent accidental shooting by other hunters. The vest features a full frontal opening fastened with a heavy duty zippered closure, two large front cargo pockets at the waist with snap closures and hemmed neckline, armholes and bottom.

The applicable subheading for Items 305-002 and 360 will be 6114.30.3060, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted: of man-made fibers: other, other: men’s or boys’. The duty rate will be 14.9 percent ad valorem.

The applicable subheading for Item 3599 will be 6211.33.0054, Harmonized Tariff Schedule of the United States (HTS), which provides track suits, ski-suits and swimwear; other garments: other garments men’s of boys’: of man-made fibers, vests: other’. The duty rate will be 16 percent ad valorem.

Items 305-002, 360 and 3599 fall within textile category designation 659. Based upon international textile trade agreements products of China 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 U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.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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