The tariff classification of a men’s wind vest from Hong Kong

NY I85610 September 20, 2002 CLA-2-62:RR:NC:TA:357 I85610 CATEGORY: Classification TARIFF NO.: 6211.33.0054 Mr. Clay Egenes Savino Del Bene, Inc. 2580 S. 156th St. Bldg. A, Room 207 Seattle, WA 98158 RE: The tariff classification of a men’s wind vest from Hong Kong Dear Mr. Egenes: In your letter dated August 21, 2002, on behalf of McCoy International, you requested a classification ruling. A sample was submitted and is being returned to you. The item in question, style R920/OW20, men’s Micro-Fiber Wind Vest, is a men’s woven outerwear vest with a woven nylon taffeta lining. The shell is made from a 66% polynosic rayon/34% polyester microfiber twill fabric. It has a crossover V-neck opening trimmed with rib knit fabric, a rib knit waistband, rib knit trimming around the arm openings and side seam pockets at the waist. In your letter you suggested classification in HTS heading 6201, as a windbreaker or anorak. While this heading does provide for windbreakers and anoraks, the only sleeveless garments classifiable therein are “padded, sleeveless jackets.” Inasmuch as this garment is not padded or insulated, it is precluded from heading 6201. 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 vest falls within textile category designation 659. Based upon international textile trade agreements products of 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. 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. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division