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NY 863189


June 5, 1991

CLA-2-62:S:N:N3:357 863189

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.23.0030; 6204.23.0040

Mr. Brent Reider
International Trade Group, Inc.
Postal Drawer 21877
Columbus, Ohio 43221

RE: The tariff classification of safety garments with reflective tape from Macau

Dear Mr. Reider:

In your letter dated March 30, 1991 (received on May 9), on behalf of The Industry of Safety, B.S.A. Inc., you requested a classification ruling. Samples were submitted.

The merchandise in question is a jacket and trousers set to be marketed under the name "SAFE-MATE." Both garments have a woven nylon outershell and a lining of lightweight knit fabric in a cotton/polyester blend. The garments may also be imported unlined.

The jacket has a full-front opening with a zipper closure, elasticized cuffs, slant pockets at the waist and a drawstring at the waist. The trousers are pull-on type with an elasticized waistband and side seam pockets.

The jacket's sleeves and the trousers' legs feature overlaid strips of blaze orange fabric with a one-inch wide plastic strip of 3M SOLAS material, a product designed for maximum reflection of light. According to extensive research material you provided, a major cause of vehicular accidents involving pedestrians and road workers is inability of drivers to see and react quickly to people on foot. These garments are intended to provide the wearer with maximum visibility in dusk or at night when vision is limited.

In your letter you mention classification in Harmonized Tariff Schedule (HTS) subheading 6307.90, which covers other made up articles of textile materials. In accordance with the classification principles of the tariff described in General Rule of Interpretation 3(a), the tariff provision providing the most specific description shall be preferred to headings providing a more general description. In this case the merchandise is more specifically described under the headings for wearing apparel.

Assuming that these garments are intended as unisex apparel, the applicable subheading for them will be as women's ensembles, with the jacket classified in 6204.23.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's garments of synthetic fibers described in heading 6202, and the trousers classified in 6204.23.0040, which provides for trousers and breeches of synthetic fibers. The duty rate will be based on the rate applicable to each garment in the ensemble if imported separately. Based on a casual handling of the samples there appears to be a plastics application to the nylon outershell fabric. If these items meet the requirements for water resistant garments described in HTS Chapter 62 U.S. Note 2, such that they withstand a head pressure of 600mm of water for two minutes with not more than one gram of water penetration when tested in accordance with AATCC Test Method 35-1985, the duty rate for both the jacket and trousers will be 7.6% ad valorem. This water resistance must be the result of an application of rubber or plastics. If they do not meet the requirements of this test, the duty rate will be 29.5% ad valorem for the jacket and 30.4% ad valorem for the trousers.

The jacket falls within textile category designation 635 and the trousers fall within category 648. Based upon international textile trade agreements products of Macau 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. 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.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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