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NY G83939




November 21, 2000

CLA-2-39:RR:NC:SP:221 G83939

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9880; 8421.39.8015; 9020.00.6000

Mr. Guillermo Aramayo
Basic Group Inc.
168 S.E. 1st Street, Suite #1102
Miami, FL 33131

RE: The tariff classification of safety equipment from Brazil.

Dear Mr. Aramayo:

In your undated letter, received in this office on November 1, 2000, you requested a tariff classification ruling.

Samples of all the products, except the industrial gloves, were provided with your letter. The “Top Earphones” are composed of plastic and are worn over the ears to protect them from noise. The “Panoramic Facial Protector” is composed of transparent plastic and covers the entire face. The facial mask is composed of plastic and is used in conjunction with filters to protect against acid, dust and odors.

The applicable subheading for the panoramic facial protector and the earphones will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

The applicable subheading for the facial mask and the filters, when imported with the facial mask, will be 9020.00.6000, HTS, which provides for other breathing appliances and gas masks. The rate of duty will be 2.5 percent ad valorem.

The applicable subheading for the filters, when imported separately from the facial mask, will be 8421.39.8015, HTS, which provides for filtering machinery and apparatus for gases, other. The rate of duty will be free.

Articles classifiable under subheading 3926.90.9880, HTS, or 9020.00.6000, HTS, which are products of Brazil are currently entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check the Customs Web site at www.customs.gov. At the Web site, click on "CEBB" and then search for the term "GSP".

You have also requested a classification ruling for industrial helmets and gloves. Please provide a sample of the gloves and indicate the fiber content. For the helmet, include a component material breakdown indicating whether the helmet is made of laminated plastic or contains any material such as fiberglass. In addition, please provide an English translation of the descriptive literature you provided with the ruling request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the materials that we have returned to you.

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 Joan Mazzola at 212-637-7034. If you have any questions regarding the additional information requested for the gloves, contact National Import Specialist Brian Burtnik at 212-637-7083. If you have any questions regarding the additional information requested for the helmet, contact National Import Specialist Kenneth Reidlinger at 212-637-7084.

Sincerely,

Robert B. Swierupski
Director,

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