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NY H87100

February 6, 2002

CLA-2-62:RR:NC:3:353 H87100


TARIFF NO.: 6211.32.0070

Ms. Jennifer Archer
James G. Wiley Co.
P.O. Box 90008
Los Angeles, CA 90009-0008

RE: The tariff classification of a cooling vest from China.

Dear Mr. Archer:

In your letter dated December 20, 2001, received in this office on January 10, 2002, on behalf of Allegro Industries, you requested a classification ruling.

The submitted sample is a Cooling Vest, Part Nos. 8401-03, 8401-04 and 8401-05, constructed of woven 100% cotton fabric. The vest features a right over left 3-snap closure and open sides with adjustable textile straps. Between the outer shell and lining is acrylic polymer sheeting that absorbs many times its weight in water and helps cool the body. The garments is worn by workers such as construction workers, firefighters, welders and factory workers who function in environments of excessive heat.

Although the vest provides a cooling feature, its’ basic function is as a garment. Therefore, the item will be classified as a vest where the textile fabric imparts the essential character.

The applicable subheading for the Cooling Vest, Part Nos. 8401-03, 8401-04 and 8401-05, will be 6211.32.0070, 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 cotton, Vests.” The duty rate will be 8.2% ad valorem.

The Cooling Vest, Part Nos. 8401-03, 8401-04 and 8401-05, falls within textile category designation 359. Based upon international textile trade agreements products of China are subject to quota 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 Kenneth Reidlinger at 646-733-3053.


Robert B. Swierupski

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