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NY E88144

November 2, 1999

CLA-2-62:RR:NC:WA:357 E88144


TARIFF NO.: 6211.33.0054

Ms. Karen Wilder
Moonstone Mountain Equipment, Inc.
833 Indiana Street
San Francisco, California 94107

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

Dear Ms. Wilder:

In your letter dated October 7, 1999, you requested a classification ruling.

The sample submitted, style number 1113064, "Profusion Vest", is a hip-length vest constructed of a shell composed of a woven 100% nylon fabric which has a Teflon coating. The vest is lined with a brushed knit 100% polyester "Microtherm" tricot fabric.

Although you indicate in your letter that the vest is unisex you further state that a man's pattern and cutting specifications were used to produce the garment. The use of men's cutting specifications to produce the garment clearly indicates that this vest has been designed for men's sizing. The garment will therefore be classified as a man's vest.

The coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.

The vest has oversized armholes, a stand-up collar and a full front opening secured by a zipper closure that extends to the top of the garment's collar. The vest has two side seam zippered pockets at the waist. The garment's bottom hem is cut straight across and is shorter in length in the front and is cut round and is longer in the back. The "Moonstone" logo is embroidered onto the lower portion of the left front panel.

The sample is being returned to you as you have requested.

The applicable subheading for the vest will be 6211.33.0054, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, men's or boys': of man-made fibers: vests, other. The duty rate will be 16.5 percent ad valorem.

The vest falls within textile category designation 659. Based upon international textile trade agreements products of China are presently subject to quota restraints and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 212-637-7076.


Robert B. Swierupski

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