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NY I86587

October 16, 2002

CLA-2-61:RR:NC:3:353 I86587


TARIFF NO.: 6117.80.9540

Ms. Tonya Smith
Hartwell Industries, Inc.
97 Winfield Circle
Hartwell, GA 30643

RE: The tariff classification of safety vest from Taiwan, China, Hong Kong, Sri Lanka, Korea, Philippines, Indonesia, Cambodia, Myanmar/Burma, Malaysia, Ethiopia, Vietnam.

Dear Ms. Smith:

In your letter dated October 3, 2002 you requested a classification ruling. As requested, the sample will be returned to you.

Your submitted sample, style HV235 is vest made from 100% polyester knit fabric. The vest features self-capping around the V-neck, oversized armholes, full frontal opening and bottom of the vest. The vest has a hook and loop closure to secure the front opening and reflective material sewn on the back and front of the item. The item is used over clothing as a warning for oncoming traffic etc. and safety to the wearer.

The applicable subheading for styles HV235 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 garments or of clothing accessories: other accessories: other: other: of man-made fibers: other. The duty rate will be 14.8 percent ad valorem.

Style HV235 falls within textile category designation 659. Based upon International Textile Trade Agreements products of Taiwan, China, Hong Kong, Sri Lanka, Korea, Philippines, Indonesia and Malaysia are subject to quota and the requirement of a visa. Cambodia is subject to the requirement of visa. Ethiopia, Burma/Myanmar and Vietnam are not subject to quota or the requirement of 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.

For your information, the names “Burma”, “Myanmar/Burma” and “Burma/Myanmar” were determined to satisfy the requirements of 19 U.S.C. 1304.

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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