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NY L82702

March 11, 2005

CLA-2-39:RR:NC:TA:353 L82702


TARIFF NO.: 3926.20.9050, 6217.10.9530

Mr. Ron Sachs
Jacob Ash Holdings, Inc.
301 Munson Ave.
McKees Rocks, PA 15136

RE: The tariff classification of safety vests from China.

Dear Mr. Sachs:

In your letter dated February 17, 2005 you requested a tariff classification ruling.

Three samples were submitted with your request. Style 80110 is a blaze orange hunting/safety vest composed of PVC plastic material. The vest has a full front opening with a self-tie closure.

Style 36-600 is a blaze orange safety band made of woven polyester fabric with hook and loop tape. It measures approximately 64” long x 6” wide. The safety band is worn across the chest.

Style 36-601 is a blaze orange woven polyester safety vest. The vest features a full front opening with a self-tie closure.

Each sample is packaged in PVC plastic bag made specifically for each item.

The applicable subheading for your style 80110 will be 3926.20.9050, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other articles of plastics and articles of other materials of headings 3901 to 3914: articles of apparel and clothing accessories: Other: Other, Other.” The duty rate will be 5% ad valorem.

 The applicable subheading for styles 36-600 and 36-601will be 6217.10.9540, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other made up clothing accessoriesAccessories: Other: Other, Of man-made fibers.” The duty rate will be 14.6% ad valorem.

Styles 36-600 and 36-601 fall within textile category designation 659. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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