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NY L80324

November 8, 2004

CLA-2-62:RR:NC:3:353 L80324


TARIFF NO.: 6211.42.0070

Ms. Tanya M. Long
Gorilla, Inc.
3476 Eastman Dr.
Flushing, MI 48433

RE: The tariff classification of a safety harness vest from China.

Dear Ms. Long:

In your undated letter you requested a classification ruling.

The submitted sample, with no item number is a safety harness vest composed of woven 55%cotton/45% polyester fabric. The item features a defined neck, armholes, small chest pocket an oversized rear pocket and is identifiable as a garment. The safety harness has no zipper or button closure, but remains open to the elements with the exception of the safety harness buckle. There is a tether that is part of the harness that extends from the neck of the vest and is attached to the tree. Also there are leg straps with plastic buckles that extend from the bottom of the vest for overall safety. The item does not protect from the elements. It is used to keep the hunter secured in the tree by means of the textile strap.

Classification 6307.90.9889 is for “other textile articles”, garment” is more descriptive of the item than “other textile article.”

This office cannot comment on your marking inquiry without a sample of the item packaged for retail sale.

 The applicable subheading for the safety harness vest will be 6211.42.0070, Harmonized Tariff Schedule of the United States (HTS), which provides for "Track suits, other garments: Other garments, women’s or girls’: Of cotton, Vests." The duty rate will be 8.1% ad valorem. The textile category designation is 359.

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.


Robert B. Swierupski

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