CLA-2-63:OT:RR:NC:N3:351
Ms. Randi Keenan
Med Eng, LLC
103 Tulloch Drive
Ogdensburg, NY 13669
RE: The tariff classification of a shoot pack from Canada
Dear Ms. Keenan:
In your letter dated October 9, 2015, you requested a classification ruling.
You submitted a sample of an item you call EOD 9 IGP Rear, Trousers Rear Shoot Pack, item number 4933448. This shoot pack is a small section that represents the actual construction of an entire EOD 9 Bomb Suit. The manufacturing process for the shoot pack consists of stacking several layers of woven textile fabric; with the predominant material being Kevlar, until the desired standard is achieved. The shoot pack measures 15" x 15" and is sewn on all four sides. There is also stitching approximately 3" from the border. The shoot pack will be sent to a laboratory for testing to determine the level of protection against four main blast threats: overpressure, fragmentation, impact and heat.
You suggest that the shoot pack is properly classified under subheading 5404.10.0090, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for Woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404, woven fabrics obtained from high tenacity yarn of nylon or other polyamides or of polyesters, other. However, since the shoot pack is not fabric in the piece, it cannot be classified under this subheading. This product was assembled by sewing, thereby meeting the definition of a “made up” article as noted in Section XI, Note 7(f).
The applicable subheading for the EOD 9 IGP Rear, Trousers Rear Shoot Pack, item number 4933448, will be 6307.90.9889, HTSUS, which provides for other made up textile articles, other. The rate of duty will be 7% ad valorem.
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 the World Wide Web at http://www.usitc.gov/tata/hts/.
The sample will be returned.
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 Adleasia Lonesome at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division