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NY 817072

December 27, 1995

CLA-2-62:RR:NC:WA:360 817072


TARIFF NO.: 6211.42.0070

Mr. Patrick D. Gill
Rode & Qualey
295 Madison Avenue
New York, NY 10017

RE: The tariff classification of a women's woven vest from Guatemala

Dear Mr. Gill:

In your letter dated November 28, 1995, you requested a classification ruling on behalf of Capital-Mercury Shirt Corporation. The sample submitted with your request will be returned to you under separate cover.

Style 8-16850 is a women's upper body garment manufactured from two woven fabrics: the entire front of the garment is constructed from 60 percent cotton and 40 percent polyester woven fabric and the entire back is constructed from 100 percent woven acetate. The garment is styled like a traditional vest and extends below the waist. The sleeveless vest features oversized armholes, a v-neckline, a full front opening secured by three buttons and an adjustable tie located at the back.

In your letter, you referred to HRL 957239, dated March 8, 1995 which dealt with the classification of a women's vest with woven front and back panels of different fibers. The analysis in that situation was based on HQ Memorandum 084118, dated April 13, 1989 and by application of GRI 3 (b). It was determined that the essential character of the vest was imparted by the front panels. Since the details in this case are similar to those found in HRL 957239, we agree with your contention that the essential character of style 8-16850 is imparted by the front panels and that the vest is classifiable in accordance with the fiber in chief weight of the front panels, namely, cotton.

The applicable subheading for the vest will be 6211.42.0070, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments: other garments, women's or girls': of cotton: vests. The duty rate will be 8.6 percent ad valorem. The rate of duty for 1996 will be 8.5 percent ad valorem.

The vest falls within textile category designation 359. Based upon international textile trade agreements products of Guatemala are subject to a visa requirement and are currently not subject to quota restraints.

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. 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 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 Patricia Schiazzano at (212) 466 - 5866.


Roger J. Silvestri

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