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NY K87269




July 9, 2004
CLA-2-62:RR:NC:3:353 K87269

CATEGORY: CLASSIFICATION

TARIFF NO.: 6217.10.9530

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, Inc., you requested a classification ruling.

Four samples of safety vests were submitted with your request. Style 2080638 orange safety vest is made of woven 100% polyester fabric. The item has a full front zipper closure, two breast pockets and one strip of reflective tape on the bottom and two at the top.

Style 2214198 orange safety vest is made of woven 100% polyester fabric. The item has a full front zipper closure, two strips of reflective tape at the bottom and at the top and two breast pockets.

Style 2214199 yellow safety vest is made of woven 100% polyester fabric. The item has a full front zipper closure two strips of reflective tape at the bottom and at the top and two breast pockets.

Style 5081028, grey safety vest is made of woven 65% polyester/35% cotton fabric that appears to be coated on the outer surface with a plastic material that completely obscures the underlying fabric. The vest has a full front opening with a hook and loop tape closure and side closures with a textile web belt with a plastic closure. There is reflective tape at the bottom and top of the vest.

The applicable subheading for the safety vests, styles 2080638, 2214198, 2214199 and 5081028 will be 6217.10.9530, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other made up clothing accessories; parts of garments or of clothing accessories, other than those in heading 6212: Accessories: Other: Other, Of man-made fibers.” The duty rate will be 14.6% ad valorem. The textile category designation is 659.

Regarding your questions concerning calculations of quota, please contact the Office of Textile and Apparel (OTEXA) at http://otexa.ita.doc.gov.

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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