HQ 085301: Classification of hunting vest

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 085301

                                   October 19, 1989


            CLA-2 CO:R:C:G  085301 DRR

            CATEGORY:  Classification

            TARIFF NO.:  6211.32.0070

            Doreen Wai, Second Secretary
            Hong Kong Economic and Trade Affairs
            British Embassy
            1233 20th Street, N.W., Suite 504
            Washington, D.C. 20036

            Re:  Classification of hunting vest

            Dear Ms. Wai:

                 This is in reference to your letter dated July 27, 1989,
            requesting the classification of a cotton hunting vest under
            the Harmonized Tariff Schedule of the United States Annotated
            (HTSUSA).

            FACTS:

                 The merchandise at issue consists of a hunting vest made
            of 100 percent woven cotton fabric.  The vest is sleeveless,
            with a full front opening with button closure and nylon binding
            on the armholes and front edges.  The vest has a quilted gun
            patch on the right chest, one left chest pocket, five elastic
            shell pockets with a cover flap on each side of the front panel
            and two patch pockets at the waist.  The back panel is made of
            coated nylon and the lower third forms a game bag.  Your letter
            indicates that you believe that the vest is subject to textile
            category 359.

            ISSUE:

                 Whether the hunting vest at issue is classifiable under
            subheading 6201.92.2010, HTSUSA, or subheading 6211.32.0070,
            HTSUSA.




















                                          -2-



            LAW AND ANALYSIS:

                 Classification under the HTSUSA is in accordance with the
            General Rules of Interpretation (GRI), taken in order.  GRI 1
            provides that classification shall be determined according to
            the terms of the headings and any relative section or chapter
            notes.   Subheading 6201.92.2010, HTSUSA, provides for men's or
            boys' overcoats, carcoats...including padded sleeveless
            jackets, of cotton, other, padded sleeveless jackets, other.
            Subheading 6211.32.0070, HTSUSA, provides for track suits, ski-
            suits and swimwear, other garments, other garments, men's or
            boys', of cotton, vests.  In light of the fact that the hunting
            vest is only padded in one small area to protect against the
            recoil of a gun, and not padded overall, it is more
            appropriately classified in subheading 6211.32.0070, HTSUSA.

            HOLDING:

                 The hunting vest at issue is classifiable under subheading
            6211.32.0070, HTSUSA, with a duty rate of 8.6 percent ad
            valorem, category 359(2).  The vest would still be subject to
            category 359(2) even if it were classified in subheading
            6201.92.2010, HTSUSA.

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

                 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, we suggest that the importer 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 the local Customs
            office.

                 Your sample is being returned to you, as requested.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division











            6 cc: A.D.,N.Y. Seaport
            Rimmer library/peh
            085129