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NY A88352

October 25, 1996

CLA-2-62:RR:NC:3:353 A88352


TARIFF NO.: 6211.33.0054

Ms. Angel L. Cooper
A.N. Deringer, Inc.
173 W. Service Rd.
Champlain, N.Y. 12919

RE: The tariff classification of a fishing vest from Korea.

Dear Ms. Cooper:

In your letter dated October 10, 1996, on behalf of Black Arrow Inc., you requested a classification ruling on behalf of your client Black Arrow, Inc. for a fishing vest.

The submitted catalog shows the item at issue, noted as a Survivor Wading CO2 Vest, (Product Codes -#50410-50421). You state that the vest is composed of 65% polyester/ 35% cotton woven fabric. The garment has a knitted collar and a full front zippered front opening with a snap. There are several front pockets which have zippered or velcro like closures that would appear to hold fishing accessories. The fishing vest can also be inflated by means of a an activator cord with a CO2 cartridge that instantly inflates or orally by means of a mouth inflator tube. This capability is designed to keep the user's head above water in case of accident while fishing when wading or boating in deep water.

It is our opinion that the vest's essential character is imparted as a sport garment designed to enable one to carry various items of fishing accessories as well as to provide a degree of warmth and comfort. The inflatable feature that enables this item to act as a floatation device is secondary to its primary purpose and would be used on an infrequent basis.

The applicable subheading for the fishing vest, Product Codes #50410-50421 will be 6211.33.0054, 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 man-made fibers, Vests: Other. The duty rate will be 16.8 percent ad valorem.

Products Codes #50410-50421 fall within textile category designation 659. Based upon international textile trade agreements products of Korea are subject to quota 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. 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 Martin Weiss at 212-466-5881.


Roger J. Silvestri

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