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NY L88229




November 4, 2005

CLA-2-42:RR:NC:TA:341 L88229

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.12.8030; 6117.80.9540

Mr. Kevin Egan
E. Besler & Co.
115 Martin Lane
Elk Grove Village, IL 60007

RE: The tariff classification of a Carry Bag and Safety Vest from China.

Dear Mr. Egan:

In your letter dated October 10, 2005, you requested a classification ruling for a Carry Bag and Safety Vest.

The sample submitted is identified as part number BW8672A “Large/X Large Yellow on Yellow”. The item consists of carry bag and an illuminated safety vest used by police and individuals. Both items are constructed of 100% polyester man-made fiber textile material. The carry bag is a form of generic briefcase. It is not specially shaped or fitted for a particular item or set of items. Although the items will be imported and presented at retail as a set, for classification purposes the items are not considered to be a set. Each item will be separately classified. Your sample is being returned as requested.

The applicable subheading for the Carry Bag will be 4202.12.8030, Harmonized Tariff Schedule of the United States (HTS), which provides for attache cases, briefcases, school satchels, occupational luggage cases and similar containers, with outer surface of textile materials, other, other, of man-made fibers. The duty rate will be 17.6 percent ad valorem.

The applicable subheading for the Safety Vest will be 6117.80.9540, HTS, which provides for “Other made up clothing accessories, knitted or crocheted Other accessories: Other: Other, of man-made fibers: Other”. The duty rate will be 14.6 percent ad valorem.

The Carry Bag falls within textile category designation 670. The Safety Vest falls 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 Kevin Gorman at 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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