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NY I85059





September 12, 2002

CLA-2-62:RR:NC:3:353 I85059

CATEGORY: CLASSIFICATION

TARIFFNO.: 6211.43.0076

Ms. Lynn B. Stan
EMSA
2185 City Gate Drive
Columbus, OH 43219

RE: The tariff classification of children’s and adults baseball safety vests from China.

Dear Ms. Stan:

In your letter dated August 15, 2002, on behalf of Kent Sporting Goods Company, Inc., you requested a classification ruling. As requested, the sample will be returned to you.

Your submitted sample, style PV is an uni-sex baseball safety vest. The vest is made of a 100% woven nylon taslan fabric. It will be sized by chest sizes and is made to fit boys’, girls’, women and men. The vest features oversized armholes, a full frontal offset opening with heavy duty zipper closure, internal overall foam padding including extra padding over the heart area, two adjustable securing belts on each side of the garment under the armhole and near the waist. The item is used as a protective vest worn over clothing while playing baseball.

The applicable subheading for style PV will be 6211.43.0076, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear: other garments: other garments, women’s or girls’: of man-made fibers, vests: other. The duty rate will be 16.2 percent ad valorem.

Style PV falls 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 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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