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NY K87495




July 20, 2004

CLA-2-61:RR:NC:3:353 K87495

CATEGORY: CLASSIFICATION

TARIFF NO.: 6117.80.9540

Ms. Lillie Barbosa
FPA Customs Brokers, Inc.
152-31 134 Avenue
Jamaica, NY 11434

RE: The tariff classification of safety vest from China.

Dear Ms. Barbosa:

In your letter dated June 25, 2004, on behalf of E&B Giftware, LLC, you requested a tariff classification ruling. Your sample will be returned to you.

Your submitted sample is a safety vest made from polyester knit mesh fabric. The over the head garment features capping around the neckline, the sides and bottom of the vest. The vest is held together on the sides by approximately one inch wide elasticized straps. It has reflective material sewn on the back and front of the item. The importer states this item is used by walkers and sold at a “Walking Shop” display in the store. The item is used over clothing as a warning for oncoming traffic etc. and as safety to the wearer.

The applicable subheading for the vest 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 sample falls within textile category designation 659. Based upon International Textile Trade Agreements products of China are subject to quota and the requirement of a visa.

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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