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NY N014675




August 13, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.1010, 6117.90.9090, 6116.93.8800, 6117.80.9540

Paul Vroman
DHL Global Forwarding
2660 20th Street
Port Huron, MI 48060

RE: The tariff classification of a protective garment, gloves and arm guards from Pakistan and India.

Dear Mr. Vroman:

In your letter dated July 17, 2007, on behalf of Tuff-N-Lite, a Division of Supreme Corporation, you requested a classification ruling. As requested the samples will be returned to you; the fabric swatches have been retained by this office.

The submitted samples are an item you refer to as a Sweater, Gloves and Arm Sleeves.

The “Sweater” and Gloves are constructed of knit 43.1% Dyneema® (high molecular weight polyethylene), 36% polyester and 20.9% filament fiberglass fabric. The Arm Sleeves are constructed of the same fiber content as the Sweater and Gloves except that the core of one of the fibers consists of .002-inch stainless steel wire.

The “Sweater” is a jersey knit 12 per 32 men’s XL pullover top that consist of four components, front panel, back panel and two sleeves that are knit to shape and then sewn together. The item is worn as body armor and descriptive literature claims that the fabric is ten times stronger than steel and is worn for cut and slash protection. It is not suitable for use as everyday apparel.

The string knit Gloves are worn for protection and are used mainly for industrial use in the food processing, automotive and other heavy industries.

The Arm Sleeves are arm protectors that are attached to each other by means of an adjustable band, and contain some stainless steel wire. The Arm Sleeves offer protection from cuts and punctures.

In addition to the classification of the three items, you request the classification of the components of the items if imported separately. General Rule of Interpretation (GRI) 2(a), Harmonized Tariff Schedule of the United States (HTSUS), states that:

Any reference in a heading to an article shall be taken to include a reference to that article incomplete or unfinished, provided that, as entered, the incomplete or unfinished article has the essential character of the complete or finished article. It shall also include a reference to that article complete or finished (or falling to be classified as complete or finished by virtue of this rule), entered unassembled or disassembled.

The Gloves are knit to shape and are considered gloves whether or not they are finished at the time of importation. The Arm Sleeves are identifiable as such even if not finished, and are considered arm sleeves whether or not they are finished at the time of importation. The components, for the pullover top are classified as garment parts if they are imported separately in different shipments. If the components are imported in the same shipment they are considered an unassembled garment.

The applicable subheading for the pullover top, whether assembled or unassembled, will be 6114.30.1010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other garments, knitted or crocheted: Of man-made fibers: Tops, Men’s or boys’.” The duty rate will be 28.2% ad valorem. The textile category designation is 638.

The applicable subheading for the pullover top components, front panel, back panel and sleeves, if imported separately, will be 6117.90.9090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other made up clothing accessories, knitted or crocheted: knitted or crocheted parts of garments or of clothing accessories: Parts: Other, Other: Of man-made fibers.” The duty rate will be 14.6% ad valorem. The textile category designation is 659.

The applicable subheading for the Gloves, whether or not finished, will be 6116.93.8800, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Gloves, mittens and mitts, knitted or crocheted: Other: Of synthetic fibers: Other: Other: Without fourchettes.” The duty rate will be 18.6% ad valorem. The textile category designation is 631.

The applicable subheading for the Arm Sleeves, whether or not finished, will be 6117.80.9540, Harmonized Tariff Schedule of the United States (HTSUS), 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% ad valorem. The textile category designation is 659.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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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