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NY A87816

October 23, 1996

CLA-2-62:RR:NC:WA 355 A87816


TARIFF NO.: 6211.31.0040

Ms. Astra Galins
Cyrk, Inc
3 Pond Road
Gloucester, MA 01930

RE: The tariff classification of a vest from China

Dear Ms. Galins:

In your letter dated September 16, 1996, you requested a classification ruling. The sample submitted with your request will be returned to you under separate cover.

Style VW-03 is a vest whose front panels are constructed from 100 percent wool woven fabric. The back panel, as well as the lining, are made from 100 percent polyester woven fabric. The garment features oversized armholes, a full front opening secured by six buttons, two pockets at the waist and a back buckle tie. The garment buttons left over right.

It is your contention that the garment is a unisex garment. No information was submitted to support your claim. Note 8 to Chapter 62, states that garments designed for left over right closure at the front shall be regarded as men's or boys' garments unless the cut of the garment clearly indicates that it is designed for one or the other sex. This garment is loose fitting and has a left over right closure at the front. Applying Note 8 to Chapter 62, there is nothing in the construction of the garment to indicate that it should be regarded as other than a men's vest.

The applicable subheading for style VW-03 will be 6211.31.0040, Harmonized Tariff Schedule of the United States

(HTS), which provides for track suits, ski-suits and swimwear; other garments: other garments, men's or boys': of wool or fine animal hair: vests. The duty rate will be 16 percent ad valorem.

Style VW-03 falls within textile category designation 459. Based upon international textile trade agreements products of China are subject to quota restraints and a visa requirement.

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 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 Gerard Shea at (212) 466-5880.


Roger J. Silvestri

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