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NY K85081




May 12, 2004
CLA-2-61:RR:NC:3:353 K85081

CATEGORY: CLASSIFICATION

TARIFF NO.: 6117.80.9540

Ms. Dena Frayer-Martin
Frayer Int’l Freight Services, Inc.
P.O. Box 445
Grapevine, TX 76099

RE: The tariff classification of Traffic Safety Wear from China.

Dear Ms. Frayer-Martin:

In your letter received in this office on April 13, 2004, on behalf of OK1 Manufacturing, you requested a tariff classification ruling. Descriptive literature showing all the items was presented.

The items are Model Numbers OK-OV/OK-LV, OK-OV1/OK-LV1, OK-OV2/OK-LV2 Basic Safety Vests-Mesh and OK-DSO/OK-DSL, SVCMBO Non-ANSI Surveyor Vests. You state that Model Numbers OK-OV/OK-LV, OK-OV1/OK-LV1, OK-OV2/OK-LV2 Basic Safety Vests-Mesh are constructed of 100% polyester knit mesh fabric. They feature a full front hook and loop closure and open sides held together by side elastic. Model Number OK-OV/OK-LV has no reflective tape; Model Number OK-OV1/OK-LV1 has 1-inch reflective high gloss trim; and Model Number OK-OV2/OK-LV2 has 1-inch reflective silver beaded tape. You state that Model Numbers OK-DSO/OK-DSL, SVCMBO Non-ANSI Surveyor Vests are constructed of 100% polyester knit fabric. They feature a full front zipper closure and four pockets, two inside and two outside. Model Number OK-DSO/OK-DSL has triple trim or white high gloss trim; Model Number SVCMBO has 1-inch reflective yellow high gloss trim.

The applicable subheading for the Model Numbers OK-OV/OK-LV, OK-OV1/OK-LV1, OK-OV2/OK-LV2 Basic Safety Vests-Mesh and OK-DSO/OK-DSL, SVCMBO Non-ANSI Surveyor Vests will be 6117.80.9540, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other made up clothing accessories, knitted or crochetedOther accessories: Other: Other, Of man-made fibers: Other.” The duty rate will be 14.6% ad valorem.

Model Numbers OK-OV/OK-LV, OK-OV1/OK-LV1, OK-OV2/OK-LV2 Basic Safety Vests-Mesh and OK-DSO/OK-DSL, SVCMBO Non-ANSI Surveyor Vests 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.

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.

Your request for classification of the remaining 17 items is being returned for you. Binding ruling requests are limited to 5 items of the same class or kind per request. (See attached Binding Ruling Program instructions)

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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