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NY L87435




September 14, 2005

CLA-2-61:RR:NC:3:353 L87435

CATEGORY: CLASSIFICATION

TARIFF NO.: 6117.80.9540

Mr. Sandy Comeaux
Comeaux Caps
44043 Stringer Bridge Road
Amant, LA 70774

RE: The tariff classification of safety vest from Hong Kong, China or Thailand.

Dear Mr. Comeaux:

In your letter dated August 18, 2005, you requested a classification ruling.

Your submitted sample is a safety vest constructed of polyester knit fabric. The vest features capping around the V-neck, oversized armholes and bottom of the vest. The vest has full frontal opening with a hook and loop closure and reflective tape sewn on the back and front of the item. The item is used over clothing as a warning for oncoming traffic etc. and safety to the wearer.

You believe the safety vest is classifiable in subheading 6217.10.9530. However, examination reveals the item to be of warp knit construction and properly classified in Chapter 61.

The applicable subheading for the safety 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 parts of garments or of clothing accessories: other accessories: other: other: of man-made fibers: other. The duty rate will be 14.6 percent ad valorem.

The safety vest falls within textile category designation 659. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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