CLA-2-61:OT:RR:NC:N3:357
Elizabeth Merritt
Flexport Customs LLC
760 Market St 8th floor
San Franciso, CA 94102
RE: The tariff classification of a weighted vest from China
Dear Ms. Merritt:
In your letter dated July 16, 2025, on behalf of your client, Base Products, LLC dba Harkla, you requested a
tariff classification ruling. Your sample will be returned, as requested.
The Harkla’s Weighted Compression Vest is composed of an outer and inner 100% polyester flat knit fabric
bonded together with a rubber application in between. The rubber application is visible to the naked eye.
The vest features a round neckline, oversized armed openings secured with hook-and loop fasteners at the
side and on the shoulders, interior pockets at the bottom front and back that can hold removable weights, side
slits and a hemmed bottom. The garment extends from the shoulders to the hip area.
Classification of merchandise under the Harmonized Tariff Schedule of the United States (HTSUS), is in
accordance with the General Rules of Interpretation (GRIs), taken in order. GRI 1 provides that classification
shall be determined according to the terms of the headings and any relative section or chapter notes. Since no
one heading in the tariff schedule covers the components of the subject article in combination, GRI 1 cannot
be used as a basis for classification. GRI 3(b) provides that mixtures, composite goods consisting of different
materials or made up of different components, and goods put up in sets for retail sale shall be classified as if
they consisted of the material or component which gives them their essential character.
As the Harkla’s Weighted Vest is a composite good, we must apply rule GRI 3(b). EN VIII to GRI 3(b)
explains that “the factor which determines essential character will vary as between different kinds of goods.
We must determine whether the weighted pellets impart the essential character to vest under consideration.
This office finds that the polyester vest is the component and not the pellets in the vest that imparts the
essential character of the garment in accordance with GRI 3(b).
The applicable subheading for the Harkla’s Weighted Compression Vest will be 6113.00.9086, Harmonized
Tariff Schedule of the United States (HTSUS), which provides for Garments, made up of knitted or crocheted
fabrics of heading 5903, 5906, or 5907: Other: Other: Other: Women’s or girls. The rate of duty will be 7.1
percent ad valorem.
You propose a secondary classification under subheading 9817.00.96, HTSUS, which provides for Articles
specially designed or adapted for the use or benefit of the blind or other physically or mentally handicapped
persons; parts and accessories (except parts and accessories of braces and artificial limb prosthetics) that are
specially designed or adapted for use in the foregoing article: Other. We disagree. You state the principal
use of the vest is to provide a calming proprioceptive input for children diagnosed with ASD, ADHD, and
other neurodevelopmental challenges. Combining deep pressure therapy with distributed weight, the vest
serves as an essential therapeutic resource in clinical settings, schools, and at home. It is our opinion that the
Harkla’s Weighted Vest will not be classified in subheading 9817.00.96, HTSUS.
Effective March 4, 2025, pursuant to U.S. Note 2(u) to Subchapter III, Chapter 99, all products of China and
Hong Kong as provided by heading 9903.01.24, HTSUS, other than products classifiable under headings
9903.01.21, 9903.01.22, and 9903.01.23, HTSUS, will be subject to an additional 20 percent ad valorem rate
of duty. At the time of entry, you must report the applicable Chapter 99 heading, i.e. 9903.01.24, in addition
to subheading 6113.00.9086, HTSUS, listed above.
Effective April 5, 2025, Executive Orders implemented “Reciprocal Tariffs.” All imported merchandise
must be reported with either the Chapter 99 provision under which the reciprocal tariff applies or one of the
Chapter 99 provisions covering exceptions to the reciprocal tariffs. At this time products from all countries
will be subject to an additional 10 percent ad valorem rate of duty. At the time of entry, you must report the
Chapter 99 heading applicable to your product classification, i.e. 9903.01.25, in addition to subheading
6113.00.9086, HTSUS, listed above.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under
subheading 6113.00.9086, HTSUS, unless specifically excluded, are subject to an additional 7.5 percent ad
valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15,
in addition to subheading 6113.00.9086, HTSUS, listed above.
The HTSUS is subject to periodic amendment, so you should exercise reasonable care in monitoring the
status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background
information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, including
information on exclusions and their effective dates, you may refer to the relevant parts of the USTR and CBP
websites, which are available at
https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and
https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively.
The tariffs and additional duties cited above are current as of this ruling’s issuance. 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 at https://hts.usitc.gov/.
At the time of Entry/Entry Summary, you may be requested to verify the information for any specific
shipment or product.
The holding set forth above applies only to the specific factual situation and merchandise description as
identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations
(CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the
information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and
complete in every material respect. In the event that the facts are modified in any way, or if the goods do not
conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and
Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2.
Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic
verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection
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, please contact
National Import Specialist Rosemarie Hayward at [email protected].
Sincerely,
(for)
James Forkan
Acting Director
National Commodity Specialist Division