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NY N015932




September 13, 2007

CLA-2-62:RR:NC:3:353

CATEGORY: CLASSIFICATION

TARIFF NO.: 6117.80.9540

Ms. Rebecca A. Ramirez
Igloo Products Corp.
777 Igloo Road
Katy, TX 77494

RE: The tariff classification of a combination safety vest/hydration unit from China.

Dear Ms. Ramirez:

In your letter dated August 16, 2007, you requested a classification ruling. The sample will be returned to you.

The submitted sample is a Style 14750R5 Commercial Hydropack S-M. The item consists of a combination safety vest and hydration unit. The safety vest is made of high visibility warp knit and knit mesh polyester fabric and features reflective tape, two front patch pockets, a hook and loop front tab closure, a rear compartment and inner shoulder straps to support the hydration unit. The hydration unit is secured in the rear compartment and consists of a plastic water reservoir and a plastic tube with a bite valve. The item will be used at work by persons such as ground crews, emergency response personnel, and construction and utility workers. You also request classification of the vest only L/XL and the Commercial Hydropack without the vest.

You suggest classification in subheadings 4202.92.3020, 4202.92.0507 or 8531.80.0050. The item is not a backpack and not akin to articles properly classified in heading 4202. Subheading 8531.80.0050 covers electrical sound or visual signaling apparatus; this item makes no sound and has no flashing lights.

The item is described in heading 3926, the hydration unit component, and heading 6117, the safety vest component. The hydration unit is an important component of the item as is the high visibility safety vest. Neither component imparts the essential character of the Style 14750R5 Commercial Hydropack S-M, which will be classified in accordance with General Rule of Interpretation (GRI) 3 (c) under the heading that occurs last in numerical order in the HTS.

The applicable subheading for the Style 14750R5 Commercial Hydropack S-M and the vest only L/XL will be 6117.80.9540, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other made up clothing accessories, knitted ort crochetedOther accessories: Other: Other, Of man-made fibers: Other.” The duty rate will be 14.6% ad valorem.

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/.

The Style 14750R5 Commercial Hydropack S-M and the vest only L/XL fall within textile category 659. 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.

Your inquiry does not provide enough information for us to give a classification ruling on Commercial Hydropack without the vest. Your request for a classification ruling should include a sample. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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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