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NY I86275

October 17, 2002

CLA-2-62:RR:NC:TA:357 I86275


TARIFF NO.: 6211.33.0054

Ms. Tonya Smith
Hartwell Industries, Inc.
97 Winfield Circle
Hartwell, GA 30643

RE: The tariff classification of a men’s outerwear vest from Taiwan, China, Hong King, Sri Lanka, Korea, Philippines, Indonesia, Cambodia, Myanmar/Burma, Malaysia, Ethiopia and Vietnam

Dear Ms. Smith:

In your letter dated September 5, 2002, received on September 19, you requested a classification ruling. A sample was submitted and is being returned as you requested.

The item in question, style 3245, is a men’s pullover V-neck vest with rib knit trim at the neckline and the armholes. The shell is made from a woven 100% polyester fabric with a PU (polyurethane) coating. The garment is fully lined with a mesh fabric, has side seam pockets at the waist, an elasticized drawstring with a cord lock at the bottom hem and oversized armholes.

The coating is not visible as that term is defined for tariff purposes. Therefore, HTS heading 6210 does not apply.

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, other vests. The duty rate will be 16.2 percent ad valorem.

This garment falls within textile category designation 659. Based upon international textile trade agreements products of Taiwan, China, Hong Kong, Sri Lanka, Korea, Philippines, Indonesia and Malaysia are presently subject to quota restraints and the requirement of a visa. Products of Myanmar (Burma), Ethiopia and Vietnam are neither presently subject to quota restraints nor the requirement of a visa. Products of Cambodia are presently subject to 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.

For your information merchandise from Myanmar/Burma must be marked for country of origin purposes with "Burma," "Myanmar/Burma," or "Burma/Myanmar" to satisfy the requirements of 19 U.S.C. 1304.

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 646-733-3047.


Robert B. Swierupski

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