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NY B84358

May 9, 1997

CLA-2-62:RR:NC:WA:357 B84358


TARIFF NO.: 6211.32.0070

Mr. David J. Evan
Grunfeld, Desiderio, Lebowitz & Silverman LLP 245 Park Avenue
33rd Floor
New York, N.Y. 10167-3397

RE: The tariff classification of a man's vest from Macau

Dear Mr. Evan:

In your letter dated April 10, 1997, on behalf of your client, Pepe Clothing (USA) Inc., you requested a classification ruling.

The sample submitted, style number WD5012, is a vest. The garment's front panels and waistband are constructed of a woven 100% cotton denim fabric and the back panel and shoulders are constructed of a knit 100% polyester fleece fabric.

The vest is sleeveless, has a full front opening secured by five left over right button closures and a shirt-style collar composed of a woven cotton corduroy fabric. The vest features two chest pockets, two front pockets at the waist, a self-fabric buttoned tab on each side of the garment's waistband and a locker loop on the back panel which has the "Tommy Hilfiger" trade name.

The Harmonized Tariff Schedule of the United States (HTS), Chapter 62, Note 2, 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 women.

The applicable subheading for the vest will be 6211.32.0070, Harmonized Tariff Schedule of the United States (HTS), which provides for other garment's, men's or boys', of cotton, vests. The duty rate will be 8.4 percent ad valorem.

The vest falls within textile category designation 359. Based upon international textile trade agreements products of Macau are presently subject to quota restraints and the requirement of a visa.

This merchandise may be subject to an ITC Exclusion Order dealing with denim garments produced by certain acid wash methods. For further information on admissibility you should contact your local Customs office. This ruling applies to the classification of the merchandise and not to its admissibility under the terms of the Exclusion Order.

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 W. Raftery at 212-466-5851.


Paul K. Schwartz
Chief, Textiles & Apparel Branch

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