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NY F88360




June 15, 2000

CLA-2-62:RR:NC:3:353 F88360

CATEGORY: CLASSIFICATION

TARIFF NO.: 6217.10.9530

Mr. Cordell Harges
Hot Shield USA
14962 Bear Valley Rd., Suite G, PMB-112
Victorville, CA 92392

RE: The tariff classification of Fire Fighter’s Face Masks from China.

Dear Mr. Harges:

In your letter dated May 20, 2000, received in this office June 7, 2000, you requested a classification ruling. The samples will be returned to you as requested.

Styles HS-2 and HS-4 are Fire Fighter’s Face Masks composed of woven Kevlar, and Nomex III Aramid fabric. The Hot Shield Wildland Firefighter Face Mask is multi layered fire resistive face mask, which protects fire fighters from heat and smoke during wildland fires. Styles HS-2 and HS-4 do not attach to fire fighter’s helmets, and are an accessory to the Fire Fighters clothing. Style HS-2 has an integral pocket to allow insertion of low level comfort filter and is kept in place by a hook and loop fastener at the back. Style HS-4 is the same construction as style HS-2 the exception being that it does not have the integral pocket. Style HS-4 keeps the mask in place by means of a hook and loop closure and a self-fabric tie at the back.

The applicable subheading for the firefighter’ face masks, styles HS-2 and HS-4 will be 6217.10.9530, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212: Accessories: Other: Other, Of man-made fibers.” The duty rate will be 15% ad valorem.

Styles HS-2 and HS-4 fall within textile category designation 659. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Kenneth Reidlinger at 212-637-7084.

Sincerely,

Robert B. Swierupski
Director,

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