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NY F88157





July 26, 2000

CLA-2-61:RR:NC:3:353 F88157

CATEGORY: CLASSIFICATION

TARIFF NO.: 6117.80.9540, 6117.10.2030, 6505.90.6090

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

RE: The tariff classification of a headband, neckgaitor, scarf, balaclava and facemask from China.

Dear Ms. Pawlowski:

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

The submitted samples are Items AC-500/CFL-500 Headband, AC-550/CFL-550 Neckgaitor, AC-600 Scarf, AC-425 Balaclava and AC-450 Facemask. All items are constructed of knit 100% polyester fleece fabric. All the items are used for outdoor activities such as skiing and snowboarding.

Item AC-500/CFL-500 Headband is fully lined, worn around the head, 3 to 4 inches wide and shaped to cover the ears. Item AC-550/CFL-550 Neckgaitor is worn around the neck, cylinder shaped and approximately 9 inches long. Item AC-600 Scarf, measures approximately 10 x 48 inches and is fringed. Item AC-425 Balaclava is a hood that covers the neck, and features an opening for the eyes and a mesh breathing-hole for the nose. Item AC-450 Facemask covers the nose, mouth and neck, features openings for the nostrils and mouth, and a rear hook and loop closure.

The applicable subheading for the Items AC-500/CFL-500 Headband, AC-550/CFL-550 Neckgaitor and AC-450 Facemask will be 6117.80.9540, 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: Other, Of man-made fibers: Other.” The duty rate will be 15% ad valorem.

The applicable subheading for the Item AC-600 Scarf will be 6117.10.2030, 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: Shawls, scarves, mufflers, mantillas, veils and the like: Of man-made fibers, Other.” The duty rate will be 11.6% ad valorem.

The applicable subheading for the Item AC-425 Balaclava 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.

Items AC-500/CFL-500 Headband, AC-550/CFL-550 Neckgaitor, AC-600 Scarf, AC-425 Balaclava and AC-450 Facemask fall within textile category designation 659. 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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