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NY F87599

June 13, 2000

CLA-2-61:RR:NC:3:353 F87599


TARIFF NO.: 6114.30.3070

Ms. Dawn Gentile
KAT Import Brokers
1310 E. Grand Ave.
El Segundo, CA 90245

RE: The tariff classification of a police vest from China.

Dear Ms. Gentile:

In your letter dated May 8, 2000, on behalf of Hatch Import Inc., you requested a classification ruling.

The submitted sample is a model no. CPX1000 police vest constructed of a knit mesh 100% polyester fabric shell. The mesh shell covers protective foam and plastic plates covering the front and back upper torso. The item has a circular neckline, is open on the sides, and features protective shoulder pads and waist straps with adjustable hook and loop closures. The item is featured on a page featuring riot gear. The item is advertised as an “Exclusive Shoulder Protection System” and the descriptive literature states it “protects your shoulders and upper body without hindering movementWill not provide ballistic protection, but can safely absorb blows delivered with blunt objects. Available in two chest sizes: M/L (42”-46”), L/XL (48”-52”).”

You believe that the merchandise is identical to that in Ruling HQ 084341, dated July 31, 1989. Ruling HQ 089325, dated September 4, 1991 revoked this ruling. In addition, these rulings involved a police vest that did not provide any protection to the wearer; its only function was to identify the wearer as a police officer. The item at hand is a riot gear police vest and is clearly protective in nature.

The Explanatory Notes (EN) constitute the official interpretation of the Harmonized Tariff System at the international level. The EN to heading 6114 states that “the heading includes, inter alia:(1) “Aprons, boiler suits (coveralls), smocks and other protective clothing of a kind worn by mechanics, factory workers, surgeons, etc.”(emphasis added). Chapter 61 Note 9 states in part that “Garments which cannot be identified as either men's or boys' garments or as women's or girls' garments are to be classified in the headings covering women's or girls' garments.”

The applicable subheading for the model no. CPX1000 police vest will be 6114.30.3070, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other garments, knitted or crocheted: Of man-made fibers: Other, Other: Women's or girls'.” The duty rate will be 15.4% ad valorem.

The model no. CPX1000 police vest falls 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.


Robert B. Swierupski

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