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NY H86226




December 19, 2001

CLA-2-82:RR:NC:1:118 H86226

CATEGORY: CLASSIFICATION

TARIFF NO.: 8201.90.6000

Mr. Russ Holmgren
Circle International, Inc.
255 Clearview Avenue
Edison, NJ 08837

RE: The tariff classification of a garden gift set from China.

Dear Mr. Holmgren:

In your letter dated December 3, 2001, on behalf of your client New Creative, you requested a tariff classification ruling. The sample that you submitted with your request will be returned to you as requested.

You have described your sample as a garden gift set #01005. It consists of a trowel made with a steel blade and wooden handle, a pair of 100% cotton woven work gloves and a plant stake purported to be of agglomerated stone.

The applicable subheading for the garden gift set will be 8201.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for handtools of the following kinds and base metal parts thereof: spades, shovels, mattocks, picks, hoes, forks and rakes; axes, bill hooks and similar hewing tools; secateurs and pruners of any kind; scythes, sickles, hay knives, hedge shears, timber wedges and other tools of a kind used in agriculture, horticulture or forestry: other handtools of a kind used in agriculture, horticulture or forestry, and parts thereof: other. The duty rate will be free. The cotton gloves fall within textile category designation 331. 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.

If imported separately, the applicable subheading for the cotton woven work gloves, would be 6216.00.3800, HTS, which provides for gloves, mittens and mitts: other: of cotton: other: without fourchettes. The duty rate will be 24% ad valorem in 2001. The duty rate in effect beginning January 1, 2002, will be 23.8% ad valorem. When imported as part of the garden gift set, the cotton woven work gloves will not be separately classified. However, they are still subject to quota/visa requirements.

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 Kathy Campanelli at 646-733-3021.

Sincerely,

Robert B. Swierupski
Director,

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