HQ 085966

March 2, 1990

CLA-2 CO:R:C:G 085966 HP

CATEGORY: Classification

TARIFF NO.: 6211.32.0070

Ms. Doreen Wai

Second Secretary

Hong Kong Economic & Trade Affairs

Hong Kong Economic and Trade Office

British Embassy

1233 20th Street, N.W., Suite 504

Washington, DC 20036

RE: Non-padded fishing vests are other garments. hunting;

weather;

windbreaker; outerwear

Dear Ms. Wai:

This is in reply to your letter of November 9, 1989, concern

ing the tariff classification of men's fishing vests, produced in

Hong Kong, under the Harmonized Tariff Schedule of the United

States Annotated (HTSUSA). Please reference your case number

62/89, Standard Sales, Inc.

FACTS:

The merchandise at issue consists of an un-padded fishing

vest, constructed of 60% cotton/40% polyester woven fabric

(although the sample is labeled "100% COTTON). The vest is

sleeveless, has a V-neck, full front opening with a heavy-duty

zipper closure, oversized armholes, various hooks, snaps, and

patch

pockets, located throughout the garment, closed by either zippers

or a Velcro-like substance, and reinforced hems and armholes.

You

state that the garment is constructed of water-repellant fabrics.

ISSUE:

Whether the fishing vest is considered anti-weather outer

wear

under the HTSUSA?

LAW AND ANALYSIS:

Heading 6201, HTSUSA, provides for, inter alia, windbreakers

and similar articles (including padded, sleeveless jackets). The

Explanatory Notes (EN) to the HTSUSA constitute the official

interpretation of the tariff at the international level. The EN

to heading 6101, which by reference provides for heading 6201,

states that this heading covers garments "characterized by the

fact

that they are generally worn over all other clothing for

protection

against the weather."

We feel that this excerpt does not adequately describe the

instant merchandise. The garment has no padding, and is worn

primarily for the pockets' utilitarian functions. Therefore, the

vest is not classifiable in heading 6201.

Subheading 6211.32.0070, HTSUSA, provides for, inter alia,

vests. The EN to heading 6114, which by reference provides for

heading 6211, states that this heading covers "(5)Special

articles of apparel used for certain sports...." It is our

opinion

that classification under this heading is more appropriate than

under heading 6201 (see HRL 085301 of October 19, 1989 (hunting

vests)), and decree it as such.

HOLDING:

As a result of the foregoing, the instant merchandise is

classified under subheading 6211.32.0070, HTSUSA, textile

category

359, as track suits, ski-suits and swimwear; other garments,

other

garments, men's or boys', of cotton, vests. The applicable rate

of duty is 8.6 percent ad valorem.

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 negotiations and changes, to obtain the most current

information available, we suggest that the importer check, close

to the time of shipment, the Status Report On Current Import

Quotas

(Restraint Levels), an issuance of the U.S. Customs Service,

which

is updated weekly and is available at the local Customs office.

Due to the changeable nature of the statistical annotation

(the ninth and tenth digits of the classification) and the

restraint (quota/visa) categories, the importer should contact

the

local Customs office prior to importing the merchandise to

determine the current status of any import restraints or require

ments.

Sincerely,

John Durant, Director

Commercial Rulings Division