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NY I88400

December 9, 2002

CLA-2-62:RR:NC:3:353 I88400


TARIFF NO.: 6211.43.0076

Ms. Myra K. Reynolds
John S. James Co.
P.O. Box 2166
Savannah, GA 31402

RE: The tariff classification of a backpack vest from Thailand, Taiwan, China and Hong Kong.

Dear Ms. Reynolds:

In your letter dated October 28, 2002, received in this office on November 13, 2002, on behalf of TUMI Inc., you requested a classification ruling. The sample will be returned to you.

The submitted sample is a Backpack Vest, for which no style or part number was provided. The vest is constructed of an outer shell of woven nylon fabric, except for two side panels of mesh vinyl fabric. The item features oversize armholes and numerous regular and oversized pockets. These pockets are designed for a water bottle, credit cards, a cell phone, PDA and pager. There is a large backpack section in the rear configured to hold briefcase materials and a change of clothing. The bottom of the vest has a drawstring cord. The inner rear lining is mesh fabric with a foam insert to provide comfort when the backpack section is being utilized.

The woven nylon fabric imparts the essential character of the Backpack Vest.

The applicable subheading for the Backpack Vest will be 6211.43.0076, Harmonized Tariff Schedule of the United States (HTS), which provides for “Track suits, ski-suits and swimwear; other garments: Other garments, women’s or girls’: Of man-made fibers, Vests: Other.” The duty rate will be 16.2% ad valorem for 2002 and 16.1% ad valorem for 2003.

The Backpack Vest falls within textile category designation 659. Based upon international textile trade agreements products of Thailand, Taiwan, China and Hong Kong 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.

Your inquiry does not provide enough information for us to give a classification ruling on Part Number 0286D3 Golf Bag. Your request for a classification ruling should include a statement as to whether the whole set presented on import is put up for retail sale as a set without repackaging, and a sample of the item as imported. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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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