CLA-2 CO:R:C:T 953593 jlj
Mr. Edward J. Major
All-Air Brokers
167-10 South Conduit Avenue
Jamiaca, New York 11434
RE: Modification of New York Ruling Letter (NYRL) 878020;
Classification of a man's woven vest; Heading 6211
Dear Mr. Major:
In NYRL 878020 of September 28, 1992, our New York office
advised you that a man's woven vest from Hong Kong and the
Peoples' Republic of China was classified in subheading
6211.39.0070, Harmonized Tariff Schedule of the United States
Annotated (HTSUSA). Our New York office has requested
reconsideration of this ruling.
FACTS:
Style No. SJ15001 is a man's four-button vest. The front of
the garment is made of 100 percent silk woven fabric. The back
of the garment is made of 100 percent synthetic woven fabric.
The vest features inset pockets near the waist and a self-fabric
belt in back which can be adjusted with a metal buckle.
In NYRL 878020, you were advised that the essential
character of the vest was imparted by the silk portion, therefore
the vest was classified under the provsion for other garments:
other garments, men's or boys': of other textile materials:
other: vests, in subheading 6211.39.0070, HTSUSA.
ISSUE:
What is the correct HTSUSA classification for the instant
vest?
LAW AND ANALYIS:
Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRIs), taken
in order. GRI 1 provides that classification shall be according
to the terms of the headings and any relevant section or chapter
notes.
Subheading Note 2, Section XI, HTSUSA, provides:
(A) Products of chapters 56 to 63 containing two or more
textile materials are to be regarded as consisting
wholly of the textile material which would be selected
under note 2 to this section for the classification of a
product of chapters 50 to 55 consisting of the same
textile materials.
(B) For the application of this rule:
(a) Where appropriate, only the part which determines the
classification under general interpretative rule 3
shall be taken into account.
Inasmuch as the essential character of the vest under
general interpretative rule 3 has already been determined to be
the silk portion, only the silk portion shall be taken into
account.
HOLDING:
The instant vest is classified under the provision for other
garments: other garments, men's or boys': of other textile
materials: containing 70 percent or more by weight of silk or
silk waste, in subheading 6211.39.0010, HTSUSA, with duty at the
rate of 3 percent ad valorem. Merchandise classifiable in
subheading 6211.39.0010 is currently not subject to quota, visa,
or other textile restraints.
In order to insure uniformity in Customs classification of
this merchandise and eliminate uncertainty, we are modifying NYRL
878020 to reflect the above classification effective with the
date of this letter.
This notice to you should be considered a modification of
NYRL 878020 under 10 CFR 177.9(d)(1).
Sincerely,
John Durant, Director
commercial Rulings Division