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NY 813844

August 28, 1995

CLA-2-62:S:N:N3:357 813844


TARIFF NO.: 6202.92.1500

Mr. James P. Sullivan
Sullivan & Lynch, P.C.
156 State Street
Boston, MA 02109-2508

RE: The tariff classification of a men's insulated vest from Thailand; padded sleeveless jacket; water resistance.

Dear Mr. Sullivan:

In your letter dated August 15, 1995, on behalf of L.L. Bean, you requested a classification ruling. A sample was submitted and is being returned as you requested.

The article in question, style G-608, Thinsulate Field Vest, has a woven shell comprised of a 75% cotton/25% nylon fabric, a woven nylon lining and insulation or padding composed of Thinsulate which has been quilted to the shell. Other characteristics of the garment include a covered full-front zipper closure with a stand- up collar, double-entry pockets with flaps at the waist and a single pocket in the left chest area with a vertical opening secured by a zipper.

According to your letter the garment is water resistant as a result of a durable water repellent finish on the shell fabric.

You suggested classification of this garment in the provisions for vests in heading 6211, HTS, because garment linings are generally excluded by the Explanatory Notes from affecting classification. However, the language of the HTS is clear with respect to the inclusion of padded, sleeveless jackets generally without limitation. Because the garment is most accurately described as a padded, sleeveless jacket, rather than as a vest, it will be classified as such.

Therefore, the applicable subheading for this item will be 6202.92.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for anoraks, windbreakers and similar
articles (including padded, sleeveless jackets, of cotton, water resistant. The duty rate will be 6.6 percent ad valorem.

This garment falls within textile category designation 334. Based upon international textile trade agreements products of Thailand are subject to quota restraints and the requirement of a visa.

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. Since part categories are the result of international bilateral agreements which 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.


Jean F. Maguire
Area Director

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