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NY N020989




January 11, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.33.0054; 6211.43.0076

Mr. David J. Evan
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 399 Park Avenue, 25th Floor
New York, N.Y. 10022-4877

RE: The tariff classification of a man’s and a woman’s vest from China

Dear Mr. Evan:

In your letter dated December 13, 2007, on behalf of your client, Charles River Apparel, you requested a classification ruling.

Two samples were submitted: style number 9919 is a man’s hip-length vest, and style number 5919 is a woman’s hip-length vest. Each garment has a shell composed of a bonded fabric consisting of a woven 88% polyester/12% spandex fabric on the outer surface, a brushed tricot flat knit 100% polyester fabric on the inner surface, and a plastic coating in between.

Each vest is sleeveless with oversized armholes, a stand-up collar and a full front opening secured by a zipper closure that extends to the top of the collar. Each vest has two front pockets with zipper closures at the waist, a zippered inner pocket, a drawcord tightening with a plastic toggle through the bottom hem and a small emblem on the lower portion of the left front panel that features the “Charles River Apparel” trademark.

The samples are being returned to you as you have requested.

The applicable subheading for the man’s vest, style 9919, will be 6211.33.0054, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other garments men’s or boys’: of man-made fibers: vests: other. The duty rate will be 16 percent ad valorem.

The applicable subheading for the woman’s vest, style 5919, will be 6211.43.0076, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other garments women’s or girls’: of man-made fibers: vests: other. The duty rate will be 16 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Both vests fall within textile category 659. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.

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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