The tariff classification of a vest and cooling suit from Canada.

NY J81658 April 1, 2003 CLA-2-61:RR:NC:3:353 J81658 CATEGORY: Classification TARIFF NO.: 6114.30, 6505.90 Mr. Ronald A. McFarlane Glover Customs Brokers, Inc. 1510 Walkley Road Ottowa, Ontario KIV 6P5 RE: The tariff classification of a vest and cooling suit from Canada. Dear Mr. McFarlane: In your letter dated February 25, 2003, on behalf of Med-Eng Systems Inc., you requested a tariff classification ruling. Descriptive literature was furnished. The merchandise is a Coretech Cardio Cool Vest and a Coretech Cool Tube Suit consisting of a shirt, trousers and hood. They are used in a body temperature control system in high temperature and heat stress environments where chilled water is pumped through tubing by means of a battery or electric powered cooling unit. The cooling garments have permanently attached connectors to provide easy hook-up to the cooling unit. These products are normally sold as systems, which include the garments, battery or electric powered cooling unit and battery pack. You wish to determine the classification of the garments, should any of them be shipped individually without the cooling units. The literature indicated that the shirt, trousers and hood are constructed of Kermel®/flame resistant (FR) viscose blend interlock knit (aramid) fabric; the vest is constructed of polyester with phase change material (PCM) or Kermel®/flame resistant (FR) viscose blend for use in fire hazard environments. For purposes of this ruling, this office will assume that the fabric for all items is knit, and is not coated with a rubber or plastic. You believe that the garments are properly classified under heading 8419 because a similar body cooling system, which included a cooling unit and garments, was classified under that heading in ruling NY C88951 dated June 16, 1998. In that ruling an entire cooling system was being imported, in this instance, just the garments. The vest and suit imported separately are wearing apparel and not parts of a cooling system. In fact, they are the “material” which the coolers treat and not parts themselves. The applicable subheading for the Coretech Cardio Cool Vest and Coretech Cool Tube shirt and trousers will be 6114.30, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other garments, knitted or crocheted: Of man-made fibers.” The applicable subheading for the Coretech Cool Tube hood will be 6505.90, Harmonized Tariff Schedule of the United States (HTS), which provides for “Hats and other headgear, knitted or crocheted, of man made fibers.” Your inquiry does not provide enough information for us to give an eight or ten digit classification ruling on the Coretech Cardio Cool Vest and Coretech Cool Tube shirt, trousers and hood. Your request for a classification ruling should include a sample of each item in each fabric, the construction and component material breakdown for each garment, and a statement whether and o9f the garments are coated on the outside or inside with rubber or plastic. When this information is available, you may wish to consider resubmission of your request. 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