The tariff classification of a safety vest from Taiwan.

NY G88961 April 4, 2001 CLA-2-39:RR:NC:3:353 G88961 CATEGORY: Classification TARIFF NO.: 6217.10.9530 Ms. Barbara Balk Edward M. Jones & Co. 2580 S. 156% St. Bldg. A suite 201 Sea Tac, WA 98158 RE: The tariff classification of a safety vest from Taiwan. Dear Ms. Balk: In your letter dated March 14, 2001 you requested a tariff classification ruling. The sample will be returned to you as requested. The submitted sample, style ISV132 is a safety vest you state is composed of 80% PVC/20% vinyl material. However, examination reveals that the item is composed of woven plastic coated textile material under 5mm in width. Your sample is labeled 100% PVC material. The item has a full front opening and a tab with a hook and loop closure on each side of the garment. The safety has reflective tape at the front and back. The item is used over clothing as a warning for oncoming traffic etc. and safety to the wearer. Section X1 Note (g) states: this section does not cover “Monofilament of which any cross-sectional dimension exceeds 1mm or strip or the like (for example, artificial straw) of an apparent width exceeding 5mm, of plastics (chapter 39),…” The strip is under 5mm, therefore the item is classified in chapter 62. The applicable subheading for the safety vest, style ISV132 will be 6217.109530, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212: accessories: Other: Other, Of man-made fibers.” The duty rate will be 14.9% ad valorem. Style ISV132 falls within textile category designation 659. Based upon international textile trade agreements products of Taiwan 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 U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.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 212-637-7084. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division