United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2004 NY Rulings > NY K84112 - NY K84159 > NY K84156

Previous Ruling Next Ruling
NY K84156




April 19, 2004

CLA-2-39;61:RR:NC:3:353 K84156

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.20.9050; 6117.80.9540

Mr. Frank C. Fei
Limelite Safety Inc.
200 North Crescent Way #E
Anaheim, CA 92801

RE: The tariff classification of safety vests from China.

Dear Mr. Fei:

In your letter dated March 11, 2004, you requested a tariff classification ruling. Your samples will be returned to you.

Your style 1 (model 66PLM) is a safety vest made from 100% polyester or nylon knit mesh fabric. The vest features capping around the full frontal opening, the sides and bottom of the vest. The vest is held together on the sides by one inch wide elasticized straps. It has a hook and loop closure to secure the front opening and reflective material sewn on the back and front of the item. This style is available in various colors. The item is used over clothing as a warning for oncoming traffic etc. and as safety to the wearer.

Your style 2a (model 77PLM) is a safety vest made from 100% polyester or nylon knit mesh fabric. The vest features capping around the full frontal opening, oversized armholes and bottom of the vest. It has a hook and loop closure to secure the front opening and reflective material sewn on the back and front of the item. This style is available in various colors. The item is used over clothing as a warning for oncoming traffic etc. and as safety to the wearer.

Your style 2b (model 77PVM) is a safety vest made from 100% polyester or nylon knit mesh fabric that has been immersed in PVC, coating it on all sides therefore making it a fabric classifiable in chapter 39, HTS. You have just submitted the fabric for this vest, not the actual sample, however, you state that is identical to style 2a (model 77PLM), except for the fabric. The item is used over clothing as a warning for oncoming traffic etc. and as safety to the wearer.

Your style 3 (model 88PL) is a safety vest made from 100% polyester or nylon warp knit fabric. The vest features self-capping around the deep V-neckline, full frontal opening, oversized armholes and bottom of the vest. It has a hook and loop closure to secure the front opening, two patch pockets at the chest, inside pockets and reflective material sewn on the back and front of the item. This style is available in various colors. The item is used over clothing as a warning for oncoming traffic etc. and as safety to the wearer.

The applicable subheading for your styles1 (model 66PLM), 2a (model 77PLM) and 3 (model 88PL) 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 applicable subheading for your style 2b (model 77PVM) will be 3926.20.9050, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics and articles of other materials of headings 3901 to 3914: articles of apparel and clothing accessories: other: other, other. The duty rate will be 5 percent ad valorem.

Styles 1, 2a and 3 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.

You have provided eight samples. Rulings are limited to five items of the same class or kind. Please submit Style 4 (model 98WJ) and Style 5 (model 98WT) as one ruling. Your Style 2c (model 77PLMLED) and Style 2d (model 77PVMLED) require a functioning sample with battery pack and if you wish to resubmit please submit as a separate ruling letter. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material 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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

Previous Ruling Next Ruling

See also: