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NY K85325




April 28, 2004
CLA-2-61:RR:NC:3:353 K85325

CATEGORY: CLASSIFICATION

TARIFF NO.: 6117.80.9540, 6217.10.9530

Mr. Lianping He
3730 Mckoon Ave.
Niagara Falls, NY 14305

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

Dear Mr. He:

In your letter dated April 14, 2004 you requested a classification ruling.

Three samples of safety vests were submitted with your request. #1 and #2 safety vest are made of orange knit 100% polyester fabric. #1 safety vest has a full front opening with a hook and loop closure and reflective tape vertically on each side. #2 mesh safety vest has a full front opening and hook and loop closure. #3 safety vest is made of yellow woven 100% polyester fabric. The item has a full front zipper closure, two breast pockets and reflective tape at the bottom and top.

The applicable subheading for #s 1 and 2 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.

The applicable subheading for #3, safety vest will be 6217.10.9530, Harmonized tariff Schedule of the United States (HTS), which provide for “Other made up clothing accessoriesother than those of heading 6212: Accessories: Other: Other, Of man-made fibers. The duty rate will be 14.6% ad valorem.

Safety vest #s 1,2 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.

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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