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NY 818147

January 22, 1996

CLA-2-39:RR:NC:TP:221 818037


TARIFF NO.: 3926.90.9890; 6217.10.9010

Mr. Bill Wiles
Sparkling Earth Products
20817 N. 21st Ave. Suite 14
Phoenix, Arizona 85027

RE: The tariff classification of the "Kool Off Tie" and the "Arctic Bandana" from Indonesia.

Dear Mr. Wiles:

In your letter dated January 4, 1996, you requested a tariff classification ruling.

The Kool Off Tie and Arctic Bandana are designed to be worn during physical activity. The tie and bandana both consist of a cotton fabric sleeve, measuring approximately 35 inches in length, in which polymer crystals are encased. Before use, the tie and bandana are dipped in water so that the polymer crystals can absorb the water, causing them to expand. When the tie and bandana are worn around the neck and head, they will help keep the person cool. The tie and bandana will also be imported without the polymer crystals.

The applicable subheading for the Kool Off Tie and Arctic Bandana, when imported with the polymer crystals, will be 3926.90.9890, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent.

The applicable subheading for the Kool Off Tie and Arctic Bandana, when imported without the polymer crystals, will be 6217.10.9010, HTS, which provides for other made up clothing accessories...other, of cotton. The rate of duty will be 15.4 percent ad valorem.

The Kool Off Tie and Arctic Bandana, when imported without the polymer crystals, falls within textile category description 359. Based upon international textile trade agreements products of Indonesia are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local office.

This ruling is being issued under the provisions of Section 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 Joan Mazzola at 212-466-5580.


Roger J. Silvestri

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