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NY 813218

August 22, 1995

CLA-2-61:S:N:N5:353 813218


TARIFF NO.:6114.30.3060

Mr. Ryden Richardson, Jr.
Carmichael International Service
533 Glendale Boulevard
Los Angeles, California 90026-0057

RE: The tariff classification of a fishing vest from Hong Kong

Dear Mr. Richardson:

In your letter dated August 1, 1995 you requested a classification ruling on behalf of your client, Patagonia of Ventura California. A sample was submitted for examination with your request.

The submitted sample is stated to be the front parts for a fishing vest. The article made up of two front panels knit mesh fabric stated to be of 100% polyester. These panels have been constructed in three layers to form three pockets on each panel side which can be accessed by means of zippered openings on the front and rear side of the panels. Each side of the outer facing of each panel has three additional pockets stated to made from 100% nylon material. These additional pockets, of a woven construction, have flaps with hook and loop closures. An adjustable textile strap with a plastic snap closure links the front of the panels. There are textile straps which can encircle the neck and waist area which are fitted with only "male" plastic snap closures. If one of the "male" snap closures were reconfigured with "female" closures the article would become a full functioning vest.

You state that the article when imported will be united with the remaining portions of a "pack Vest" to make up a completed back pack designed for fishing which might be classified in its completed condition in Heading 4202. However you state that as there is no provision in Heading 4202 for parts of the articles therein specified, the imported article should be classified in Heading 6307.90.9989, HTS.

General Rule of Interpretation 2(a) to the Harmonized Tariff Schedule states that "Any reference in a heading to an article shall be taken to include a reference to that article incomplete or unfinished, provided that, as entered, the incomplete or unfinished article has the essential character of the complete or finished article." It is our opinion that the submitted article, in its imported condition, represents an incomplete or unfinished knitted fishing vest. The applicable subheading for the fishing vest 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 16 percent ad valorem.

The fishing vest falls within textile category designation 659. As a product of Hong Kong this merchandise may subject to visa requirements based upon international textile trade agreements.

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 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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