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NY 895174





March 15, 1994

CLA-2-62:S:N:N5:360 895174

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.49.0080

Ms. Suzanne B. Barnett
Grunfeld, Desiderio, Lebowitz & Silverman 245 Park Avenue
New York, NY 10167

RE: The tariff classification of a woman's vest from Hong Kong

Dear Ms. Barnett:

In your letter dated February 28, 1994, you requested a tariff classification ruling on behalf of The Limited Stores.

The submitted sample, style 4000 is a woman's vest constructed of two different fabrics: a 100% cotton crocheted fabric and a woven fabric of 60% linen and 40% cotton. The sleeveless vest is unlined and has a V-neck, a full front opening secured by three buttons and oversized arm openings. The back panels consist of the woven linen/rayon blend fabric, while the front panels consist of squares of the crocheted fabric and circular inserts of the woven fabric which have been embroidered.

You have submitted information concerning the value and the weight for each of the fabrics used in the construction of the garment. The crocheted portion is 26% of the weight of the entire garment and 9% of the value. The woven portion is 74% by weight of the entire garment and 91% by value. We agree with your contention that the essential character is imparted by the woven portion. The garment will be returned to you, as requested.

The applicable subheading for style 4000 will be 6211.49.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for Other garments, women's or girls': Of other textile materials: Vests. The rate of duty will be 7.8 percent ad valorem.

Style 4000 falls within textile category designation 859. Based upon international textile trade agreements, products of Hong Kong are subject to a visa requirement.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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