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NY M86260




September 27, 2006

CLA-2-61:RR:NC:3:353 M86260

CATEGORY: CLASSIFICATION

TARIFF NO.: 6117.80.9540

Mr. Richard A. Rivkin
Saf-T-Gard International, Inc.
205 Huehl Road
Northbrook, IL 60062

RE: The tariff classification of safety vests from China.

Dear Mr. Rivkin:

In your letter dated August 29, 2006, you requested a classification ruling. As requested, your samples will be returned to you.

You have submitted two samples. Style RG-4000 is a high visibility safety vest constructed of polyester mesh knit fabric. The vest features capping around the V-neck, oversized short sleeves, front opening and bottom of the item. The item has a full frontal opening with a hook and loop closure and reflective tape sewn on the back, front of the item and the sleeves. The item is worn as an accessory over clothing as a warning for oncoming traffic etc. and for safety to the wearer.

Style RG-4100 is a high visibility safety vest constructed of polyester knit fabric. The vest features capping around the V-neck, oversized short sleeves, front opening and bottom of the item. The item has a full frontal opening with a hook and loop closure and reflective tape sewn on the back, front of the item and sleeves. The item is worn as an accessory over clothing as a warning for oncoming traffic etc. and for safety to the wearer.

The applicable subheading for Styles RG-4000 and RG4100 will be 6117.80.9540, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up clothing accessories, knitted or crocheted, knitted or crocheted parts of garments or of clothing accessories: other accessories: other: other: of man-made fibers: other. The duty rate will be 14.6 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/.

Styles RG-4000 and RG-4100 fall within textile category 659. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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.

Sincerely,

Robert B. Swierupski
Director,

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