CLA-2 CO:R:C:T 089324 CRS
Mr. Michael Tonn
Vice President, Operations
Ideas 2 Market
250 Lafayette Circle, Suite 203
Lafayette, CA 94549
RE: Runner's safety vest classifiable as other made up clothing
accessories. DD 856714 revoked.
Dear Mr. Tonn:
This office has had occasion to review DD 856714 issued to
you by the District Director, St. Albans, Vermont, concerning the
classification of a safety vest under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA). As a result of
our review this ruling has been revoked. Our decision follows
below.
FACTS:
DD 856714 of October 17, 1990, concerned a runner's mesh
safety vest made from knit synthetic fiber mesh fabric. A cloth
binding covered all exposed edges and adjustable hook and loop
fasteners were located in the middle of each full side and
frontal opening. The body of the vest was a bright blue color
and reflective plastic strips which extended over the shoulders
from the bottom hems. The vest was designed to enhance
visibility and was classified in heading 6307, HTSUSA.
A similar article, a mesh safety vest, was the subject of DD
856608 dated October 17, 1990, and was classified as an other
made up article of heading 6307, HTSUSA. In addition, a woven
police vest was classified in heading 6307 in Headquarters Ruling
Letter (HRL) 084341 dated July 31, 1989. However, in New York
Ruling Letter (NYRL) 843952 dated August 14, 1989, and NYRL
848018 dated December 21, 1989, reflective vests were classified
in heading 6117, if knit (heading 6217, if woven); and in HRL
088056, a knit sports pinny, or scrimmage vest, was classified in
heading 6117.
ISSUE:
Whether knit safety vests are classifiable as other made up
clothing accessories of heading 6117, HTSUSA, or as other made up
articles of heading 6307, HTSUSA.
LAW AND ANALYSIS:
Heading 6117, HTSUSA, provides for, inter alia, other made
up clothing accessories. The Harmonized Commodity Description
and Coding System, Explanatory Notes (EN), which constitute the
official interpretation of the Harmonized System at the
international level, state at EN 61.17, 844-845, that made up
knitted clothing accessories not specified or included in the
specific headings of Chapter 61 or elsewhere in the Nomenclature
are classifiable in heading 6117. Examples of articles cited by
the EN include items such as labels, badges, emblems, flashes and
bodice fronts.
In contrast, heading 6307, HTSUSA, provides for other made
up articles, including dress patterns. Note 2(a), Chapter 63,
HTSUSA, states that Subchapter 1, Chapter 63, within which
heading 6307 falls, does not cover goods of Chapters 56 to 62.
In HRL 088056 dated February 13, 1991, an article made from
100 percent knit mesh nylon and described as a sports pinny
(pinafore) or team identifier was classified in heading 6117,
HTSUSA. There we stated, at 2:
The team identifier is not more specifically
provided for elsewhere in the Nomenclature. Moreover,
it is worn over other clothing, for purposes of
identification, much in the way of an emblem or flash.
As such, it is considered a clothing accessory, of
textile material, which is properly included within
heading 6117, HTSUSA.
It is Customs' view that this rationale applies equally to the
runner's safety "vest" DD 856714, as well as to the police vest
of HRL 084341 and the safety vest of DD 856608. These articles
are worn for the purpose of identification and thus are similar
to the sports pinny of HRL 088056. They are worn over clothing
for the purpose of identification, much in the way of an emblem
or flash.
Moreover, the runner's safety "vest" is distinguishable from
vests or waistcoats of heading 6110, HTSUSA, in that it is not
worn for decency or adornment. Nevertheless, the "vest" is an
article of apparel in that it is worn, albeit as an accessory.
Since there are no more specific headings within Chapter 62, the
"vest" is properly classifiable in heading 6117. Accordingly, as
the runner's safety vest is classifiable in heading 6117, it is
excluded from heading 6307 pursuant to Note 2(a), Chapter 63,
HTSUSA.
HOLDING:
Knit mesh safety vests of man-made fibers as described above
are classifiable in subheading 6117.80.0035, HTSUSA, under the
provision for other made up clothing accessories, knitted or
crocheted . . . ; other accessories; of man-made fibers; other.
They are dutiable at the rate of 15.5 percent ad valorem and are
subject to textile quota category 659.
The designated textile and apparel category may be
subdivided into parts. If so, visa and quota requirements
applicable to the subject merchandise may be affected. Since
part categories are the result of international bilateral
agreements which are subject to frequent renegotiations and
changes, to obtain the most current information available, we
suggest that you check, close to the time of shipment, the Status
Report on Current Import Quotas (Restraint Levels), an internal
issuance of the U.S. Customs Service, which is available for
inspection at your local Customs office.
Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories, you should contact your local
Customs office prior to importation of this merchandise to
determine the current status of any import restraints or
requirements.
In order to insure uniformity in Customs classification of
this merchandise and eliminate uncertainty, we are revoking DD
856714 to reflect the above classification effective with the
date of this letter. However, if, after your review, you
disagree with the legal basis for our decision, we invite you to
submit any arguments you might have with respect to this matter
for our review. Any submission you wish to make should be
received within thirty days of the date of this letter.
This notice to you should be considered a revocation of DD
856714 under 19 CFR 177.9(d)(1). It is not to be applied
retroactively to DD 856714 (19 CFR 177.9(d)(2)) and will not,
therefore, affect past transactions for the importation of your
client's merchandise under that ruling. However, for the
purposes of future transactions in merchandise of this type, DD
856714 will not be valid precedent. We recognize that pending
transactions may be adversely affected by this revocation in that
current contracts for importations arriving at a port subsequent
to this decision will be classified pursuant to it. If such a
situation arises, your client may, at its discretion,
notify this office and apply for relief from the binding effects
of this decision as may be warranted by the circumstances.
However, please be advised that in some instances involving
import restraints, such relief may require separate approvals
from other government agencies.
Sincerely,
John Durant, Director