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NY J86843




August 4, 2003

CLA-2-61:RR:NC:3:353 J86843

CATEGORY: CLASSIFICATION

TARIFF NO.: 6117.80.9540

Ms. Charlene Thomas
Frank W. Winne & Son, Inc.
44 North Front Street
Philadelphia, PA 19106

RE: The tariff classification of safety vest from Korea.

Dear Ms. Thomas:

In your letter dated July 21, 2003 you requested a classification ruling.

Your submitted sample, “mesh vest” is a safety vest made from 100% polyester knit mesh fabric. The vest features self-capping around the deep V-neck, oversized armholes, full frontal opening and bottom of the vest. The vest has a zipper closure to secure the front opening and reflective material sewn on the back and front of the item. The item is used over clothing as a warning for oncoming traffic etc. and as safety to the wearer.

The applicable subheading for the “mesh vest” will be 6117.80.9540, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up clothing accessories, knitted or crocheted; knitted or crocheted garments or of clothing accessories: other accessories: other: other: of man-made fibers: other. The duty rate will be 14.7 percent ad valorem.

The “mesh vest” falls within textile category designation 659. Based upon International Textile Trade Agreements products of Korea 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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