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NY H87297




February 8, 2002

CLA-2-63:RR:NC:TA:349 H87297

CATEGORY: CLASSIFICATION

TARIFF NO.: 6302.93.1000; 6505.90.8090

Ms. Janie S. Gray
Pittsburgh Plastics
Kriess Industrial Park
140 Kriess Road
Butler, PA 16001

RE: The tariff classification of a wash mitt and hair towel from China.

Dear Ms. Gray:

In your letter dated January 23, 2002 you requested a classification ruling.

The submitted samples, identified as “Miracle Micro-Fiber Shower Caps” item #M-04 your reference item #7000 and “Miracle Micro-Fiber Cleaning Mittens” item #M-05 your reference item #7300, are a wash mitt and hair towel. Both items are made from 80 percent polyester and 20 percent polyamide knit terry fabric. The mitt is designed with a thumb. It is sewn along three sides with an opening on the fourth. The opening is finished with elastic. There is a loop affixed to one side of the bottom. You indicated that the mitt is to be used for drying or as a substitute for a wash cloth.

The hair towel is sewn to fit the head. It is used by women to wrap their hair in after washing to absorb excess water and aid drying. There is an elastic loop sewn onto the crown portion of the item used to hold the twisted hair towel in place. Since this towel is specially shaped and designed to be worn, it is not similar to the towels that are classified under the heading for toilet and kitchen linen. The mitt and towel are packaged in a polybag containing 4 hair towels and 2 mitts per bag. They are not considered a retail set for tariff purposes. As requested the sample is being returned.

The applicable subheading for the wash mitt will be 6302.93.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for bed linen, table linen, toilet linen and kitchen linen: other: of man-made fibers: pile or tufted construction. The duty rate will be 6.4 percent ad valorem.

The applicable subheading for the hair towel will be 6505.90.8090, HTS, which provides for hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece (but not in strips), whether or not lined or trimmed, hair-nets of any material, whether or not lined or trimmed: other: of man-made fibers: other: not in part of braid other: other. The duty rate will be 19.4 cents per kilogram plus 7 percent ad valorem.

The mitt falls within textile category designation 666. The hair towel falls 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 mitt is not subject to quota or 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 John Hansen at 646-733-3043.

Sincerely,

Robert B. Swierupski
Director,

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