CLA-2-62:OT:RR:NC:3:353

Ms. Tracy Elisara
LaCrosse Footwear, Inc.
17634 NE Airport Way
Portland, Oregon 97230

RE: The tariff classification of high visibility garments from China.

Dear Ms. Elisara:

In your letter dated December 2, 2008, you requested a classification ruling. The samples which you submitted are being returned as requested.

The submitted samples are men’s Item Numbers 1100-200X (1100-2010) Hi-Vis Work Pant Orange and 1400-300X Hi-Vis Class II Vest. Both items are marketed towards the high visibility Safety and Industrial industries. They are constructed of woven 60 percent cotton, 40 percent polyester high visibility fabric.

The Item Number 1100-200X (1100-2010) Hi-Vis Work Pant Orange features an adjustable waistband, belt loops, front fly zipper closure, two front slash pockets, two rear flap patch pockets, two leg flap patch pockets, and two rows of reflective tape near the bottom of the legs,

The Item Number 1400-300X Hi-Vis Class II Vest features a v-neck, oversize armholes, a full front zipper closure, two fabric tool holders, a pen/utility pocket, a large front zipper slash pocket, a large rear compartment with a zipper closure at each end, two rows of reflective tape that run vertically front to back, bottom to bottom, of the garment, and a single row of horizontal reflective tape, near the bottom, that encircles the garment.

The applicable subheading for the Item Number 1100-200X (1100-2010) Hi-Vis Work Pant Orange will be 6203.42.4016, Harmonized Tariff Schedule of the United States (HTSUS), which provides for men’s or boys’ … trousers, bib and brace overalls, breeches and shorts (other than swimwear): of cotton: other: other, other: men’s trousers and breeches: other. The duty rate is 16.6 percent ad valorem. The textile category designation is 347.

The applicable subheading for the Item Number 1400-300X Hi-Vis Class II Vest will be 6211.32.0070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other garments, men’s and boys’: of cotton: vests. The rate of duty is 8.1 percent ad valorem. The textile category designation is 359.

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/.

With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. 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
National Commodity Specialist Division