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NY C81030

November 4, 1997

CLA-2-62:RR:NC:TA:360 C81030


TARIFF NO.: 6211.43.0076

Ms. Donna Bever
American Shipping Company Inc.
140 Sylvan Avenue
Englewood Cliffs, NJ 07632

RE: The tariff classification of a woman's vest from China and Hong Kong

Dear Ms. Bever:

In your letter dated October 22, 1997, you requested a classification ruling on behalf of The Dress Barn, Inc. The sample submitted with your request will be returned to you under separate cover.

Style 1399 is a patchwork vest whose front panels are constructed from alternating squares of two different materials: 100 percent leather and woven fabric that is 45 percent acrylic, 30 percent wool and 25 percent polyester by weight. The back panel is constructed from 100 percent nylon woven fabric. The vest features a v-neckline, oversized armholes, two pockets below the waist and a full front opening secured by four snaps. The back panel is partially elasticized.

Based on the information submitted, neither the leather nor the woven textile portion imparts the essential character to the garment, therefore, the garment will be classified using GRI 3(c), which states that the classification is based upon the provision which occurs last in numerical order among those which equally consider merit. As such, the garment is classifiable under the heading for other textile garments.

The applicable subheading for style 1399 will be 6211.43.0076, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women's or girls': of man-made fibers: vests: other. The duty rate will be 16.7 percent ad valorem.

Style 1399 falls within textile category designation 659. Based upon international textile trade agreements products of China and Hong Kong are subject to a visa requirement and 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 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 Patricia Schiazzano at (212) 466-5866.


Robert B. Swierupski

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