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June 18, 1999

CLA-2-65:RR:NC:3:353 E82635

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.6090

Ms. Barbara Y. Wierbicki
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, N.Y. 10036-88901

RE: The tariff classification of Fleece beret and Glove Set from China.

Dear Ms. Wierbicki:

In your letter dated May 25, 1999, on behalf of Avon Products, Inc., you requested a classification ruling. The sample will be returned to you as requested.

The submitted samples, Style PP190537 is a hat and gloves set composed of 100% knit polyester fabric. The beret style hat has a height of approximately 4 1/4", and its crown has a diameter of approximately, 10 1/2". The gloves are full fingered, unlined and elasticized at the wrist. The hat and matching gloves will be imported and packaged for retail sale together as a set.

The applicable subheading for the hat and glove set, Style PP190537 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. The hat imparts the essential character of the set. Since the components are equally important classification will be based on GRI 3(c), under the heading which occurs last in numerical order.

Style PP190537 is classified in subheading 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 no lined or trimmed: Other: Of man-made fibers: Knitted or crocheted or made up from knitted or crocheted fabric: Not in part of braid, Other: Other: Other.” The duty rate will be 29.8 cents/kg + 10.6% ad valorem.

The hat falls within textile category designation 659 and the gloves with textile category 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 212-637-7084.

Sincerely,

Robert B. Swierupski
Director,

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