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NY J82338

April 8, 2003

CLA-2-61:RR:NC:3:353 J82338


TARIFF NO.: 6114.30.3060

Ms. Sonya Linger
Rocky Shoes & Boots, Inc.
39 E. Canal Street
Nelsonville, OH 45764

RE: The tariff classification of a safety harness garment from the Philippines.

Dear Ms. Linger:

In your letter dated March 14, 2003 you requested a classification ruling. As requested, the sample will be returned to you.

The submitted sample is a Style Number FQ600720 Safety Harness Garment. It is a camouflaged hunting garment, which incorporates a safety harness into the body. The garment is made up of a safety harness with a central attachment ring for receiving a rope for anchoring a wearer to a point such as a tree trunk. The harness is sewn into the inside portion of the garment, which fully covers the harness so that it is invisible from the outside. The harness is constructed of polypropylene web fabric with a cam lock buckle. The jacket-like garment protects from the elements and is constructed of a knit polyester outer shell and a nylon lining. It features a full front zipper closure, two front pockets below the waist and a rear zipper pocket. There is a detachable blaze orange safety vest attached to the garment.

You suggest classification under subheading 6307.90.9989 because you received a binding ruling, NY D86026 dated December 28, 1998, with that classification for the safety harness imported on its own. The current item is a complete system. The garment does more than merely hold the harness to shape. It functions as an outerwear jacket that protects you from the elements. However, due to the special design and excessive weight of the garment, it would only be worn while hunting, and not as an everyday jacket.

The applicable subheading for the Style Number FQ600720 Safety Harness Garment will be 6114.30.3060, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other garments, knitted or crocheted: Of man-made fibers: Other, Other: Men’s or boys’.” The duty rate will be 15% ad valorem.

The Style Number FQ600720 Safety Harness Garment falls within textile category designation 659. Based upon international textile trade agreements products of the Philippines 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 646-733-3053.


Robert B. Swierupski

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