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NY I84240

August 2, 2002

CLA-2-65:RR:NC:3:353 I84240


TARIFF NO.: 6505.90.5090

Mr. John B. Pellegrini
Ross & Hardies
65 East 55th Street
New York, NY 10002-3219

RE: The tariff classification of a balaclava from China.

Dear Mr. Pellegrini:

In your letter dated July 18, 2002, on behalf of Paris Asia, Ltd., you requested a classification ruling. As requested, the sample will be returned to you.

Your submitted sample, Style 92-9035-00 is a balaclava composed of knit polyester fleece fabric. The item is a snug fitting cap that covers the neck, top of the shoulders and a portion of the face. There is a braided drawstring closure at the neck.

The applicable subheading for style 92-9035-00 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 lace, felt or other textile fabric. . . .: 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 percent ad valorem.

Style 92-9035-00 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 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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