HQ 084341: Classification of a police vest

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                        HQ 084341

                                        July 31, 1989


          CLA-2 CO:R:C:G  084341 DSN

          CATEGORY:  Classification

          TARIFF NO.:  6307.90.9030

          Mr. Gerry Pyke
          Sales Manager
          Molen Distributing Inc.
          2009 Iron Street
          Bellingham, WA 98225

          RE:  Classification of a police vest

          Dear Mr. Pyke:

                This ruling letter is in response to your inquiry of April
          3, 1989, requesting tariff classification of police vests under
          the Harmonized Tariff Schedule of the United States Annotated
          (HTSUSA).  A sample produced in Canada was submitted for
          examination.

          FACTS:

                The vest at issue is called the ID Redi-Wear police vest.
          It is composed of 100 percent nylon woven fabric with elastic
          sides.  On the sample the word "POLICE" is screen-printed across
          the front and back of the vest.  The vest is stored in a vinyl
          case.  The vest is designed to be worn by plainclothes and off-
          duty police officers.

          ISSUE:

                Whether the vest at issue is classified under heading 6211,
          HTSUSA, or under heading 6307, HTSUSA.

          LAW AND ANALYSIS:

                Classification of merchandise under the HTSUSA is in
          accordance with the General Rules of Interpretation (GRI's),
          taken in order.  GRI 1 provides that classification is determined
          according to the terms of the headings and any relevant section
          or chapter notes.  











                                         -2-

                Heading 6211, HTSUSA, provides for track suits, ski-suits
          and swimwear; other garments.  The Explanatory Notes constitute
          the official interpretation of the tariff at the international
          level.  The Explanatory Notes to heading 6211 state that the
          Explanatory Notes to heading 6114 concerning other garments
          apply, mutatis mutandis, to the articles of this heading.
          Heading 6114, HTSUSA, provides for other garments, knitted or
          crocheted.  The Explanatory Notes to heading 6114 state that the
          heading includes aprons, boiler suits (coveralls), smocks and
          other protective clothing of a kind worn by mechanics, factory
          workers, surgeons, etc.  The sample at issue is not considered
          clothing because it is not worn for decency, comfort or
          adornment.  The vest is not designed to be worn as apparel.  The
          vest does not provide any protection to the wearer.  Its only
          function is to identify the wearer as a police officer.

                Heading 6307, HTSUSA, provides for other made up articles,
          including dress patterns.  The Explanatory Notes to heading 6307
          state that the heading covers made up articles of any textile
          material which are not included more specifically in other
          headings of Section XI or elsewhere in the Nomenclature.  The
          heading includes among other things, life-jackets and life-belts,
          etc.  The merchandise at issue is not included more specifically
          in the tariff and therefore is classifiable under this provision.

                We note that with respect to the vinyl case, it is
          classified together with the vest pursuant to GRI 5(b).  GRI 5(b)
          provides that packing materials and packing containers entered
          with the goods therein shall be classified with the goods if they
          are of a kind normally used for packing such goods.  We believe
          since there is no evidence to the contrary that the case is a
          packing container of the kind used for packing such vests.

          HOLDING:

                The vest at issue is classified under subheading
          6307.90.9030, HTSUSA, which provides for other made up articles,
          including dress patterns, other, other, other.  The rate of duty,
          if this merchandise is considered "goods originating in the
          territory of Canada", is 6.3 percent ad valorem under the Special
          duty rate column.  Otherwise, the merchandise is dutiable at the
          rate of 7 percent ad valorem.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division