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NY J85367




June 16, 2003

CLA-2-62:RR:NC:3:353 J85367

CATEGORY: CLASSIFICATION

TARIFF NO.: 6217.10.9530

Mr. Alex Baron
2W Int’l. Corp.
1280 Price St.
Pomoma, CA 91767

RE: The tariff classification of a safety vest from Thailand.

Dear Mr. Baron:

In your letter dated May 5, 2003 you requested a classification ruling.

The submitted sample is a safety vest made from woven 100% polyester fabric with mesh at the shoulders. The vest has a full front zipper closure, two flap pockets below the waist with hook and loop closures and reflective tape at the back and front of the garment.

You suggest classification under subheading 6307.90.9889. However, Customs has consistently classified safety vests as a clothing accessory. See rulings NY I8852, G88961 and H82949.

The applicable subheading for the safety vest will be 6217.10.9530, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other made up clothing accessoriesAccessories: Other: Other, Of man-made fiber.” The duty rate will be 14.7% ad valorem.

The safety vest falls within textile category designation 659. Based upon international textile trade agreements products of Thailand 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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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