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NY 813171




August 9, 1995

CLA-2-61:S:N:N5:353 813171

CATEGORY: CLASSIFICATION

TARIFF NO.: 6117.80.9040

Mr. William A. Vollmerhausen
Kmart Corporation
International Headquarters
3100 West Big Beaver Road
Troy MI 48084-3163

RE: The tariff classification of a neoprene face mask from Taiwan.

Dear Mr. Vollmerhausen:

In your letter dated July 27,1995 you requested a classification ruling.

The submitted sample, code 80-31-81 is a neoprene face mask consisting of 62% rubber, 15% nylon and 23% polyester. The mask extends completely over the nose, ears, cheek bones and temple area with a hook and loop type fastener at the back of the head. The item has a opening for the mouth and holes at the nose area to unrestrict breathing.

The applicable subheading for the neoprene face mask, code 80-31-81 will be 6117.80.9040, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up clothing accessories, knitted or crocheted; knitted or crocheted parts of garments or of clothing accessories: Other accessories Other, Of man-made fibers: Other. The duty rate will be 15.4 percent ad valorem.

The neoprene face mask, code 80-31-81 falls within textile category designation 659. Based upon international textile trade agreements products of Taiwan 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 Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport

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