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NY H86685




January 25, 2002

CLA-2-61:RR:NC:3:353 H86685

CATEGORY: CLASSIFICATION

TARIFF NO.: 6117.80.9540

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

RE: The tariff classification of neck gaiters from China.

Dear Mr. Pellegrini:

In your letter dated January 7, 2002, on behalf of Paris Asia, Ltd., you requested a classification ruling. The samples will be returned to you as requested.

The submitted samples, Style Nos. 681202 and 685202 Neck Gaiters, are constructed of knit polyester fabric. They are tube-shaped, and measure approximately 14 inches in length and 9½ inches in width. The neck gaiters are pulled over the head and worn around the neck. The neck gaiters will also be made in Style Nos. 682202, 683202, 684202, 687202 and 689202, which differ from Style Nos. 681202 and 685202 only in color or pattern.

The applicable subheading for the Style Nos. 681202, 682202, 683202, 684202, 685202, 687202 and 689202 Neck Gaiters 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 14.8% ad valorem.

The Style Nos. 681202, 682202, 683202, 684202, 685202, 687202 and 689202 Neck Gaiters 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.

Sincerely,

Robert B. Swierupski
Director,

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