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NY K84958

May 5, 2004
CLA-2-39:RR:NC:SP:221 K84958


TARIFF NO.: 3926.90.9880; 4203.29.1500; 6114.30.3060; 6116.10.7520; 6307.90.9889

Ms. Lynn B. LaRock
Damascus Worldwide Inc.
63 Wales St.
Rutland, UT 05701

RE: The tariff classification of protective gear from Pakistan or China.

Dear Ms. LaRock:

In your letter dated March 29, 2004, you requested a tariff classification ruling.

Samples were provided with your letter. The gloves (Item X3) are for protective wear with the essential character imparted by the plastic coated knit palm and fingertips. The neoprene elbow pads (DNE4) consist of a textile shell with padding for protection of the elbow. The knee/shin guards (DSG100) consist of hard-shell plastic knee caps and shin guards. The kneepads (DKP1) are constructed of textile with foam padding and a hard plastic protective shell. The upper body protector (DCP2000) is constructed of knit polyester mesh fabric with EVA foam inserts for protection. The riot gloves (CRT100) consist of leather shells with carbon fiber protection for the knuckles. These items are intended for use by military, tactical and law enforcement personnel for protection during domestic disturbances, riot control and other enforcement operations. The knee/shin guards and the kneepads are made in China. The other articles are made in Pakistan.

The applicable subheading for the knee/shin guards (DSG100) and the knee pads (DKP1) will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

The applicable subheading for the riot gloves (CRT100) will be 4203.29.1500 HTS, which provides for gloves, mittens and mitts: other gloves of horsehide or cowhide leather: other: with fourchettes or sidewalls which, at a minimum, extend from fingertip to fingertip between each of the four fingers. The duty rate will be 14 percent ad valorem.

The applicable subheading for the glove (X3) will be 6116.10.7520, HTS, which provides for gloves, mittens and mitts, knitted or crocheted: impregnated, coated or covered with plastics or rubber: other: with fourchettes: containing 50 percent or more by weight of cotton, man-made fibers or other textile fibers, or any combination thereof . . . subject to man-made fiber restraints. The duty rate will be 13.2 percent ad valorem.

The applicable subheading for the neoprene/textile elbow pads (DNE4) will be 6307.90.9889, HTS, which provides for other made up textile articles, other. The duty rate will be 7 percent ad valorem.

The applicable subheading for the upper body protector (DCP2000) will be 6114.30.3060, HTS, which provides for other garments, knitted or crocheted: of man-made fibers: other, other: men’s or boys’. The duty rate will be 14.9% ad valorem.

The uniform vest falls within textile category designation 659. Based upon international textile trade agreements products of Pakistan are subject to 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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.

Articles classifiable under subheading 6307.90.9889, HTS, which are products of Pakistan are currently entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP".

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 Joan Mazzola at 646-733-3023.


Robert B. Swierupski

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