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`NY K83618


March 25, 2004

CLA-2-62:RR:NC:N3:360 K83618

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0070

Mr. Herbert J. Lynch
Sullivan & Lynch, P.C.
Inner Tech Park
56 Roland Street
Suite 303
Boston, MA 02129-1223

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

Dear Mr. Lynch:

In your letter dated February 25, 2004, you requested a tariff classification ruling on behalf of Susan Bristol Inc. The submitted sample will be returned to you as requested.

Style 1442934 is a woman’s vest constructed from two woven fabrics of different fiber compositions. The back panel is constructed from 100 percent silk woven fabric and the front panels and collar are constructed from 96 percent cotton and 4 percent spandex woven fabric. The vest features oversized armholes, a collar and a full front opening secured by four buttons. The right front panel is embellished with an embroidered design. The garment provides insufficient coverage for wear without another outer garment.

As noted above, the garment is made up of two different types of woven fabric. Such garments are considered a composite good, and based upon GRI 3(b) classified by the component that provides the essential character. In this case, the fabric of the front panels provides the essential character; therefore, the garment is considered to be of the woven fabric in chief weight of cotton.

The applicable subheading for the vest will be 6211.42.0070, 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 cotton: vests. The rate of duty will be 8.1 percent ad valorem.

The vest falls within textile category designation 359. Based upon international textile trade agreements products of Hong Kong are currently 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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.).

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 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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