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NY K87268




July 8, 2004
CLA-2-39:RR:NC:3:353 K87268

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.20.9050, 6117.80.9540

Dr. Lianping He
3730 McKoon Ave.
Niagara Falls, NY 14305

RE: The tariff classification of safety vests from China.

Dear Dr. He:

In your letter dated June 21, 2004, on behalf of American Jackson Products, you requested a classification ruling.

The submitted samples are safety vests. Safety vest No.1 is made of knit mesh 100% polyester fabric that is coated with vinyl on both sides after the fabric was manufactured. The garment has a full front opening with a hook and loop tape closure and is opened on the sides with a 1” strip of elastic as a closure. There is reflective tape on the front and back of the vest.

Safety No.2 is made of knit 100% polyester fabric coated with vinyl on both sides. The yarns were coated prior to knitting. The vest has a full front opening with a hook and loop tape closure and is opened on the sides with a 1” strip of elastic as a closure. There is reflective tape at the front and back of the vest.

Vest No.1 was coated with plastic after it was manufactured, and is considered made of plastic. Vest No. 2 had the yarns coated before manufacture and is considered a textile.

The applicable subheading for the safety vest, No.1 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 accessoriesOther: Other." The duty rate will be 5 % ad valorem.

The applicable subheading for safety vest No.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 general rate of duty will be 14.6% ad valorem.

The textile category designation for safety vest No.2 is 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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