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NY N005497

February 9, 2007



TARIFF NO.: 6110.30.3030

Ms. Joan Studeny
572 South Fifth Street
Pembina, ND 58271

RE: The tariff classification of a men’s knit vest from China.

Dear Ms. Studeny:

In a letter dated November 7, 2006 and in subsequent correspondence received by this office on January 17, 2007, you requested a tariff classification ruling on behalf of Mondetta Clothing Inc. As requested, your sample will be returned.

Style ACTF08:M02 is a men’s vest constructed from a laminated fabric consisting of an outer layer of 100% polyester, finely knit brushed pile fabric bonded to an inner layer of 100% polyester mesh knit fabric. The vest features oversized armholes, a self-fabric stand-up collar, a full front opening with a zippered closure, a zippered pocket on the right chest, reverse fabric on the shoulders and rear yoke, reflective piping on the collar and at the yoke and shoulder inserts, zippered pockets below the waist, and a straight bottom with a drawcord and cord locks.

Although you suggest classification in subheading 6101.30.2010, HTSUS, as a jacket, garments without sleeves do not provide protection against the elements as required of jackets. Consequently the applicable subheading for Style ACTF08:M02 will be 6110.30.3030, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: other: vests, other than sweater vests: men’s or boys’. The rate of duty is 32% ad valorem

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Style ACTF08:M02 falls within textile category designation 659. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of this ruling letter 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 this ruling, contact National Import Specialist Mary Ryan at 646-733-3271.


Robert B. Swierupski

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