United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2006 NY Rulings > NY M80328 - NY M80377 > NY M80367

Previous Ruling Next Ruling
NY M80367

March 8, 2006

CLA-2-61:RR:NC:3:353 M80367


TARIFF NO.: 6114.30.3060

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

RE: The tariff classification of crowd control system from China.

Dear Ms. LaRock:

In your letter dated January 26, 2006, received in this office on February 8, 2006, you requested a classification ruling. As requested, the samples will be returned to you.

The submitted sample is a Style FX-1 Flex Force Crowd Control System consisting of the Main Component Chest Protector, Removable Chest and Back Plates, Shoulder & Upper Arm Protectors, Elbow & Forearm Protectors, and a Pelvic Girdle/Thigh Protector with Groin Cup. The Chest Protector is constructed of a knit 100% nylon fabric shell with EVA foam inserts, hard-shell plastic shoulder protectors, and features adjustable shoulder and side straps. The Removable Chest and Back Plates are constructed of hard-shell plastic, fit the Chest Protector, and are removable elements. The Shoulder & Upper Arm Protectors are constructed of knit mesh 100% polyester fabric covered by a hard plastic shell and attach to the body by means of straps with a hook and loop closure. The Elbow & Forearm Protectors are constructed of woven fabric covered by a hard plastic shell and attach to the body by means of straps with a hook and loop closure. The Pelvic Girdle/Thigh Protector with Groin Cup features an adjustable waist and is constructed of knit 100% nylon fabric covered with hard-shell plastic at the hip and thigh area and a protective cup of hard-shell plastic covered with knit mesh fabric. You state that the FX-1 Flex Force Crowd Control System will be imported as a unit ready for retail sale.

GRI 3(b) is applicable when goods are, prima facie, classifiable under two or more headings, and have been put up in sets for retail sale. GRI 3(b) states that the goods “shall be classified as if they consisted of the material or component which gives them their essential character.” In this case, the chest protector imparts the essential character of the set.

The applicable subheading for the Style FX-1 Flex Force Crowd Control System will be 6114.30.3060, Harmonized Tariff Schedule of the United States (HTSUS), 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 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The Style FX-1 Flex Force Crowd Control System 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 Kenneth Reidlinger at 646-733-3053.


Robert B. Swierupski

Previous Ruling Next Ruling

See also: