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NY I81185

May 13, 2002

CLA-2-61:RR:NC:3:353 I81185


TARIFF NO.: 6117.80.9540, 3926.20.9050

Mr. Bruce Kindler
Kinco Int’l., Inc.
97 S.E. 17th Ave.
Portland, OR 97222

RE: The tariff classification of safety vests from China or Mexico.

Dear Mr. Kindler:

In your letter dated April 22, 2002 you requested a classification ruling.

Your request is for importation of safety vests. The samples submitted are swatches of fabric that will be made into the safety vests. In addition, descriptive literature was provided for the items. Styles VY25 and VO25 are composed of knit polyester fabric with reflective tape. Styles VYMI, VOMI, VOM27 and VYM27 are composed of fabric dipped in plastic coating where it is completely encased in the plastic, and then constructed into vests and then reflective tape is added. The applicable subheading for Styles VY25 and VO25 will be 6117.80.9540, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other made up clothing accessories, knitted or crochetedOther accessories: Other: Other: Other, Of man-made fibers: Other.” The duty rate will be 14.8% ad valorem.

The applicable subheading for Styles VYM1, VOM1, VOM27 and VYM27 will be 3926.20.9050, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other articles of plasticsArticles of apparel and clothing accessoriesOther: Other. The duty rate will be 5% ad valorem.

Styles VY25 and VO25 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. There are no quota restraints or visa requirements from Mexico.

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 646-733-3053.


Robert B. Swierupski

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