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NY H87250

February 8, 2002

CLA-2-61:RR:NC:3:353 H87250


TARIFF NO.: 6117.80.9540

Mr. John B. Pellegrini
Ross & Hardies
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 22, 2002, on behalf of Paris Asia, Ltd., you requested a classification ruling. The sample will be returned to you as requested.

The submitted sample, style No. 633204 is a camouflage pattern neck gaiter composed of knit polyester fabric. The neck gaiter is 12 inches in length and 10 ¼ inches in width when flat. The tube is rounded at one end and straight at the other. It is hemmed at both ends. The article is pulled over the head and worn around the neck. You state that neck gaiter style Nos. 631204,632204, 634204, 637204 and 635204 will also be imported, (no samples submitted). Styles 631204, 632204, 634204 and 637204 are a camouflage pattern and style 635204 is black.

The applicable subheading for the neck gaiters, styles 633204, 631204, 632204, 634204, 637204 and 635204 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 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.


Robert B. Swierupski

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