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NY C85319

March 25, 1998

CLA-2-65:RR:NC:3:353 C85319


TARIFF NO.: 6505.90.6090

Mr. Robert Stack
Siegel, Mandell & Davidson, P.C.
One Astor Plaza
1515 Broadway, 43rd Floor
New York, N.Y. 10036-8901

RE: The tariff classification of a hat and glove set from China.

Dear Mr. Stack:

In your letter dated March 10, 1998, on behalf of Avon Products, Inc., you requested a classification ruling.

The submitted samples, style PP 173730 is a hat and gloves consisting of knit 100% polyester fabric. The crown of the hat measures approximately six inches high, and the stitched brim measures approximately three inches. The wrist length gloves are designed with fourchettes. It is our understanding that the hat and gloves will be packaged and imported together and put up for retail sale.

The two piece set, style PP17370 would meet the qualifications as a set. The two piece set, style PP 17370 meets the qualifications of "goods put up in sets for retail sale". The components of the set consist of at least two different articles which are, prima facie, classifiable in different headings. They are put together to meet a particular need or carry out a specific activity, and they are packed for sale directly to users without repacking. In our opinion neither the hat or gloves impart the essential character of the set.

GRI 3(c) states: When goods cannot be classified by reference to 3(a) or 3(b), they shall be classified under the heading which occurs last in numerical order among those which equally merit consideration.

The applicable subheading for the hat will be 6505.90.6090, Harmonized Tariff Schedule of the United States (HTS), which provides for "Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece (but not in strips), whether or not lined or trimmed; hair-nets of any material, whether or not lined or trimmed: Other: Of man-made fibers: Not in part of braid,Other: Other." The duty rate will be 20.7 cents/kg + 7.5% ad valorem.

The applicable subheading for the gloves will be 6116.93.9400, Harmonized Tariff Schedule of the United States (HTS), which provides for "Gloves, mittens and mitts, knitted or crocheted: Other: Of synthetic fibers: Other: Other: With fourchettes." The duty rate will be 19.3% ad valorem.

If imported as a set the hat and gloves would be classifiable as per GRI 3(c), 6505.90.6090.

The hat falls within textile category designation 659 and the gloves within 631. Based upon international textile trade agreements products of China 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 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 212-466-5881.


Robert B. Swierupski

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