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NY F84030

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March 23, 2000

CLA-2-61:RR:NC:3:353 F84030

CATEGORY: CLASSIFICATION

TARIFF NO.: 6117.80.9540, 6217.10.9530, 4201.00.3000, 8531.80.9050

Mr. James Welton
Eagle International, Ltd.
P.O. Box 66226
Chicago, IL 60666-0226

RE: The tariff classification of a flashing safety vest, belt, pet collar and armband from China.

Dear Mr. Welton:

In your letter dated March 1, 2000, on behalf of Illumination Polymer Technologies, Inc., you requested a classification ruling.

The submitted samples are a Lighted Safety Vest, Flashing Safety Belt, Flashing Safety Pet Collar and Flashing Safety Arm Band. You state that the Lighted Safety Vest is composed of woven nylon; however, examination reveals it to be constructed of knit 100% nylon mesh fabric. The safety vest features reflective plastic strips that extend over the shoulder from front to back, which contain flashing lights, and a battery pack powered by two AA batteries (not included). The Flashing Safety Belt is composed of woven 100% nylon fabric. The safety belt is worn around the waist and features an adjustable plastic buckle and a 15 inch long reflective strip, which contains lights, and a battery pack powered by one standard watch battery (not included). The Flashing Safety Pet Collar is composed of 100% nylon fabric. The pet collar features an adjustable plastic buckle, metal ring for leash attachment, and a five inch reflective strip, which contains lights, and a battery pack powered by one standard watch battery (included). The Flashing Safety Arm Band is composed of 100% nylon fabric. The arm band features an adjustable elastic band and a six inch reflective strip, which contains lights, and a battery pack powered by one standard watch battery (included).

The applicable subheading for the Lighted 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 15% ad valorem.

The applicable subheading for the Flashing Safety Belt will be 6217.10.9530, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212: Accessories: Other: Other, Of man-made fibers.” The rate of duty will be 15% ad valorem.

The applicable subheading for the Flashing Safety Pet Collar will be 4201.00.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Saddlery and harness for any animal (including traces, leads, knee pads, muzzles, saddle cloths, saddle bags, dog coats and the like), of any material: Dog leashes, collars, muzzles, harnesses and similar dog equipment.” The rate of duty will be 2.4% ad valorem.

The applicable subheading for the Flashing Safety Arm Band will be 8531.80.9050, Harmonized Tariff Schedule of the United States (HTS), which provides for “Electric sound or visual signaling apparatus (for example, bells, sirens, indicator panels, burglar or fire alarms), other than those of heading 8512 or 8530; parts thereof: Other apparatus: Other: Other, Other.” The rate of duty will be 1.3% ad valorem.

The Lighted Safety Vest and Flashing Safety Belt fall within textile category designation 659. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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 212-637-7084.

Sincerely,

Robert B. Swierupski
Director,

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See also:

• Tariff No.: 4201.00.30 - Dog leashes, collars, muzzles, harnesses and similar dog equipment, of any material
• Tariff No.: 6117.80.95 - Made up clothing accessories (excl shawl, scarve, and like, tie, cravat, headband, ponytail holder and like), cont < 70% wt of silk, k/c
• Tariff No.: 6217.10.95 - Made up clothing accessories (excl of heading 6212 or headbands, ponytail holders & like), containing < 70% wgt of silk, not knit/crochet
• Tariff No.: 8531.80.90 - Electric sound or visual signaling apparatus, not burglar or fire alarms, indicator panels w/LCD's or LED's or paging alert devices, nesoi