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NY F88154





August 2, 2000

CLA-2-65:RR:NC:3:353 F88154

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.6090, 6505.90.5090, 6116.93.8800

Ms. Jennifer Pawlowski
Manzella Productions Inc.
80 Sonwil Drive
Buffalo, NY 14225

RE: The tariff classification of hats and gloves China.

Dear Ms. Pawlowski:

In your letter dated June 20, 2000 you requested a classification ruling.

The submitted samples are Items HT-5-FL Fleece Hat, HT-2-WS Fleece Hat, K-HT-OT Knit Hat, FL-50 Fleece Glove and FL-10-AR Fleece Glove. Items HT-5-FL Fleece Hat, HT-2-WS Fleece Hat, FL-50 Fleece Glove and FL-10-AR Fleece Glove. All are constructed of knit 100% polyester fleece fabric except Item K-HT-OT Knit Hat, which is constructed of knit 100% polyester fabric. All the items are used for outdoor activities such as skiing and snowboarding.

Item HT-5-FL Fleece Hat is dome-shape and consists of a panel encircling the head, a panel from front to back and two semi-circular side panels. Item HT-2-WS Fleece Hat consists of three panels, and features earflaps and an adjustable braided chinstrap. Item K-HT-OT Knit Hat is a double layer dome-shape ribbed knit hat with a 3 inch brim. Item FL-50 Fleece Glove is cut and sewn, and features a sewn-on cuff and plastic printing on the palm. Item FL-10-AR Fleece Glove is the same as Item FL-50, but with no printing on the palm.

The plastic printing on the palm of the Item FL-50 Fleece Glove partially coats the fabric and forms a pattern. Chapter 59, Note 2 (a)(4) states, “2. Heading 5903 applies to: (a) Textile fabrics, impregnated, coated, covered or laminated with plastics, whatever the weight per square meter and whatever the nature of the plastic material (compact or cellular), other than: (4) Fabrics partially coated or partially covered with plastics and bearing designs resulting from these treatments (usually chapters 50 to 55, 58 or 60).” Therefore, the glove is not considered to be coated with plastics.

The applicable subheading for the Items HT-5-FL Fleece Hat and K-HT-OT Knit Hat will be 6505.90.6090, Harmonized Tariff Schedule of the United States (HTS), which provides for “Hats and other headgear, knitted or crocheted,whether or not 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 27.9 cents per kilogram plus 9.8% ad valorem.

The applicable subheading for Item HT-2-WS Fleece Hat will be 6505.90.5090, Harmonized Tariff Schedule of the United States (HTS), which provides for “Hats and other headgear, knitted or crocheted,whether or not lined or trimmed;Other: Of man-made fibers: Knitted or crocheted or made up from knitted or crocheted fabric: Wholly or in part of braid, Other: Other.” The duty rate will be 7% ad valorem.

The applicable subheading for Items FL-50 Fleece Glove and FL-10-AR Fleece Glove will be 6116.93.8800, Harmonized Tariff Schedule of the United States (HTS), which provides for “Gloves, mittens and mitts, knitted or crocheted: Other: Of synthetic fibers: Other: Other: Without fourchettes.” The duty rate will be 19.1% ad valorem.

Items HT-5-FL Fleece Hat, HT-2-WS Fleece Hat and K-HT-OT Knit Hat fall within textile category designation 659; Items FL-50 Fleece Glove and FL-10-AR Fleece Glove fall within textile category designation 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 and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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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