HQ 085034: Reconsideration of NYRL 841865

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 085034

                                   October 18, 1989

            CLA-2 CO:R:C:G  085034 DRR

            CATEGORY:  Classification

            TARIFF NO.: 6206.40.3030

            Duncan A. Nixon
            Sharretts, Paley, Carter & Blauvelt, P.C.
            67 Broad Street
            New York, New York 10004

            RE:  Reconsideration of NYRL 841865

            Dear Ms. Shaw:

                 This is in further response to your letter dated June 1,
            1989, requesting the classification of two ladies' vests under
            the Harmonized Tariff Schedule of the United States Annotated
            (HTSUSA).

            FACTS:

                 The merchandise at issue consists of two samples.  Style
            229804, the subject of NYRL 841865, is a ladies' lightweight
            vest made of 100 percent polyester woven fabric.  The vest has
            a full front opening with three gold-tone buttons, a V-shaped
            neckline, a partially gathered back, piping down each side of
            the front, and capping on the armholes and the rear edge of the
            neckline.

                 Style 229800, the subject of NYRL 842228, is a ladies'
            vest made of 100 percent woven polyester fabric.  The garment
            has a V-shaped neckline, and a full front opening fastened by
            three buttons.  The garment also has princess seams on the
            front of the blouse, piping on the front placket and a small
            elastic strip at the back of the waist.

            ISSUE:

                 Whether the garments at issue are classifiable under
            subheading 6211.43.0080, HTSUSA, or subheading 6206.40.3030,
            HTSUSA.


















                                          -2-


            LAW AND ANALYSIS:

                 NYRL 842228, dated June 22, 1989, classified two garments
            similar to the styles here in question under 6206.40.3030,
            HTSUSA.

                 Customs has consistently classified as vests only those
            articles which are worn over other outer garments.  Both
            garments here at issue provide similar coverage and are
            suitable to be worn next to the skin or over undergarments.
            The garments do not appear to be of a type normally worn as
            outer garments.  The garments do not have oversized armholes,
            are cut to be fitted and are not made with different fabric for
            the rear panel and interlinings, as would normally be expected
            of a vest.

            HOLDING:

                 The ladies's vest at issue is classified under subheading
            6206.40.3030, HTSUSA, as blouses with a duty rate of 28.6
            percent ad valorem, textile category 641.

                 This notice to you should be considered a modification of
            NYRL 841865 as to style 229804 under 19 CFR 177.9(d)(1) (1989).
            It is not to be applied retroactively to NYRL 841865 (19 CFR
            177.9(d)(2) (1989)) and will not, therefore, affect the
            transaction for the importation of your merchandise under that
            ruling.  However, for the purposes of future transactions in
            merchandise of this type, NYRL 841865 will not be valid
            precedent.  We recognize that pending transactions may be
            adversely affected by this revocation, in that current
            contracts for importation arriving at a port subsequent to the
            release of HRL 085034 will be classified under the new ruling.
            If such a situation arises, you may, at your discretion, notify
            this office and apply for relief from the binding effects of
            the new ruling as may be dictated by the circumstances.

























                                          -3-


                 The designated textile and apparel category may be
            subdivided into parts.  If so, visa and quota requirements
            applicable to the subject merchandise may be affected.  Since
            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.

                 Due to the changeable nature of the statistical annotation
            and the restraint (quota/visa) categories applicable to textile
            merchandise, 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





































            6 cc: Area Dir., N.Y. Seaport
            D. Rimmer library/peh
            085034