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NY H86675

January 24, 2002

CLA-2-65:RR:NC:3:353 H86675


TARIFF NO.: 6505.90.5090

Mr. John B. Pellegrini
Ross & Hardies
Park Avenue Tower
65 East 55th St.
New York, NY 10022-3219

RE: The tariff classification of a balaclava from China.

Dear Mr. Pellegrini:

In your letter dated January 7, 2001 you requested a classification ruling. The sample will be returned per your request.

The submitted sample, Style No. 335207 is a balaclava composed of knit polyester fabric. The item is a hood that covers the neck, top of the shoulders and a portion of the face. It features a. braided drawstring closure that secures the hood snuggly to the face. You state that the balaclava will also be imported in Style Nos. 331207, 332207, 333207, 334207 and 337207. These styles are identical to Style No. 335207 except for color or pattern.

The applicable subheading for the balaclavas, Style Nos. 331207, 332207, 333207, 334207, 335207 and 337207, will be 6505.90.5090, Harmonized Tariff Schedule of the United States (HTS), which provides for “Hats and other headgear, knitted or crocheted, or made up from lacewhether 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 6.9% ad valorem.

Style Nos. 331207, 332207, 333207, 334207, 335207 and 337207 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 646-733-3053.


Robert B. Swierupski

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