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NY N024520




April 9, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3053

Mr. Phillip Robinson
FedEx Trade Networks
Transport & Brokerage, Inc.
850 W 7th Street #100
Renton, WA 98057

RE: The tariff classification of a high visibility garment from China.

Dear Mr. Robinson:

In your letter dated March 6, 2008, on behalf of Alliance Mercantile Inc., you requested a classification ruling.

The submitted sample, which you call a Journeyman T, is a Style U6005O fluorescent orange men’s pullover high visibility garment constructed from 100% polyester, finely knit mesh fabric that measures 29 stitches per two centimeters counted in the horizontal direction. Style U6005O features a high cross-over V-shaped neckline finished with rib knit edging; short, hemmed sleeves; a patch pocket on the left chest with a hook and loop closure; straight, hemmed bottom; two woven web strips for attaching cell phones or radios; and a reflective strip configuration of 4-inch contrasting color fluorescent woven fabric with a 2-inch reflective strip overlay. One horizontal strip encircles the waist and two vertical strips run front and back from the top of the garment to the waist. Style U6005G is identical to Style U6005O except it is fluorescent green. Both colors meet ANSI/ISEA 107-204 safety standards.

The applicable subheading for Styles U6005O and U6005G will be 6110.30.3053, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: other: men’s or boys’. The rate of duty is 32% 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/.

Styles U6005O and U6005G fall within textile category 638. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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