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NY K86286




June 16, 2004
CLA-2-62:RR:NC:3:353 K86286

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020, 6210.40.5030, 8531.80.0050

Mr. Frank C. Fei
Limelite Safety Inc.
200 N. Crescent Way #E
Anaheim, CA 92801

RE: The tariff classification of high visibility safety garments and vests from China.

Dear Mr. Fei:

In your letter dated May 20, 2004 you requested a classification ruling.

The submitted samples are Models 98 WJ Safety/Warning Jacket, 98 WT Safety/Warning Trouser and 77 PLMLED Safety/Warning Vest. You also provide a sample of the fabric for Model 77 PVMLED Safety/Warning Vest. All are designed for high visibility traffic safety.

Model 98 WJ Safety/Warning Jacket is constructed of a woven polyester or nylon fabric outer shell that is coated on the inside with a plastic material. The jacket is mesh lined and features a hood that is stored in the collar of the jacket when not in use, both a full front zipper and left over right snap closure, front and back high visibility reflective plastic strips, four flap pockets and a back vent. The sample is colored lime-green, but the jacket is available in other colors.

Model 98 WT Safety/Warning Trouser is constructed of a woven polyester or nylon fabric outer shell that is coated on the inside with a plastic material. The trouser features an elasticized waist, front and back high visibility reflective plastic strips, and side slashes for access to pants pockets. The trouser is oversized so that it can be worn over other clothing. The sample is colored lime-green, but the trouser is available in other colors.

Model 77 PLMLED Safety/Warning Vest is constructed of knit polyester or nylon mesh fabric. The vest is fastened by hook and loop closures at the front and sides. The vest features front and back high visibility reflective plastic strips with embedded LED (Light Emitting Diodes) and battery connector. The vest is imported without the battery.

Model 77 PVMLED Safety/Warning Vest is identical to Model 77 PLMLED except that it is constructed of mesh fabric that has been completely coated by polyvinyl chloride or other plastic.

The applicable subheading for the Model 98 WJ Safety/Warning Jacket will be 6210.40.5020, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s or boys garments, made up of fabrics of 5903, 5906 or 5907, of man-made fibers, Anoraks, windbreakers and similar articles. The duty rate will be 7.1% ad valorem.

The applicable subheading for the Model 98 WT Safety/Warning Trouser will be 6210.40.5030, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s or boys garments, made up of fabrics of 5903, 5906 or 5907, of man-made fibers, trousers, breeches and shorts. The duty rate will be 7.1% ad valorem.

The applicable subheading for the Models 77 PLMLED and 77 PVMLED Safety/Warning Vests will be 8531.80.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for other electrical sound or visual signaling apparatus. The duty rate will be 1.3% ad valorem.

Model 98 WJ Safety/Warning Jacket falls within textile category designation 634; Model 98 WT Safety/Warning Trouser falls within textile category designation 647. 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 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.

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.

Sincerely,

Robert B. Swierupski
Director,

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