CLA-2-61:RR:NC:WA:359 815750

Mr. Frank Saviano
Agra-Services Brokerage Co., Inc.
221-20 147th Avenue
Jamaica, NY 11413

RE: The tariff classification of a woman's vest from China.

Dear Mr. Saviano:

In your letter dated October 27, 1995, on behalf of Pacific Silk & Clothing Co., Inc., Secaucus, NJ, you requested a tariff classification ruling. Your sample is being returned as requested. Style number 7564 is a woman's vest constructed from 75% silk, 25% linen, fancy knit fabric (front two panels) and 100% linen, woven fabric (back panel). The outer surface of the knitted front panels measures more than nine stitches per two centimeters in the horizontal direction. The garment features oversized armholes; a deep V-neckline; a full front opening with five button closures; and two front mock pockets in the waist area. The neckline, armholes, placket, mock pockets and the bottom of the garment are finished with ribbed fabric.

The essential character of the vest is imparted by the front knit panels, Harmonized Tariff Schedules of the United States (HTS), General Rules of Interpretation (GRI), 3(b),noted.

The applicable subheading for the vest will be 6110.90.1040, Harmonized Tariff Schedule of the United States (HTS), which provides for women's sweaters.....(vests), knitted: of other textile materials: containing 70% or more by weight of silk or silk waste: vests, other than sweater vests. The duty rate will be 5.5% ad valorem.

The vest falls within textile category designation 759. Based upon international textile trade agreements products of China are subject to quota restraints and the requirement of a visa.

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. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 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 Mike Crowley at 212-466-5852.

Sincerely,

Roger J. Silvestri
Director
National Commodity
Specialist Division