HQ 082979: Reconsideration of New York Ruling 829857

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                        HQ 082979

                                   March 21, 1989


          CLA-2 CO:R:C:G 082979 DSN

          CATEGORY:  Classification

          TARIFF NO.:  6211.43.0080

          Mr. Steve Scott
          Scott Resources
          Parker Plaza
          2560 Ninth Street, Suite 319-A
          Berkeley, CA 94710

          RE: Reconsideration of New York Ruling 829857

          Dear Mr. Scott:

                This letter is in response to your inquiry of June 2, 1988,
          requesting reconsideration of New York Ruling 829857 of May 18,
          1988, under the Harmonized Tariff Schedule of the United States
          Annotated (HTSUSA).  A sample produced in Korea was submitted for
          review.

          FACTS:

                The submitted sample is a fishing vest composed of 60
          percent polyester and 40 percent cotton.  The garment is
          sleeveless and unlined and features a zippered front opening.
          The garment contains assorted size pockets with velcro closure,
          d-rings, and a fleece-like hook holder.  The garment appears to
          be designed for use by men or women.

                The garment was originally classified under subheading
          6202.93.5010, HTSUSA, which provides for women's anoraks,
          windbreakers and similar articles (including padded, sleeveless
          jackets), of man-made fibers, textile category 635 and dutiable
          at the rate of 29.5 percent ad valorem.

          ISSUE:

                Whether the merchandise at issue is classified under
          subheading 6202.93.5010, HTSUSA.  


















                                         -2-

          LAW AND ANALYSIS:

                As previously discussed, subheading 6202.93.5010, HTSUSA
          provides for padded sleeveless jackets.  The garment in question
          is not padded or lined, and is not a sleeveless jacket; rather,
          it is a vest designed for fishing.  Consequently, it cannot be
          classified in a provision providing for padded sleeveless
          jackets.

          HOLDING:

                In view of the foregoing, the fishing vest at issue is
          classified under subheading 6211.43.0080, HTSUSA, which provides
          for other women's vests of man-made fibers, textile category 659,
          and dutiable at the rate of 17 percent ad valorem.  New York
          Ruling 829857 is modified accordingly.

                Due to the changeable nature of the statistical annotation
          and the restraint (quota/visa) categories applicable to textile
          articles, you should contact your local Customs office prior to
          importation of this merchandise to determine the current status
          of any import restraints or requirements.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division