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NY I87360

November 7, 2002

CLA-2-61:RR:NC:3:353 I87360


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 and Taiwan.

Dear Mr. Pellegrini:

In your letter dated October 24, 2002 you requested a classification ruling. The samples will be returned to you as requested.

The submitted samples styles 22130103 and 22330103 are neck gaiters. Style 22130103 is made from knit polyester fabric printed in a camouflage pattern. The item is a tube approximately 15” long and 10” wide when flat. The gaiter is pulled over the head and worn around the neck.

Style 22330103 is made from knit polyester fleece fabric printed in a camouflage pattern. It tube approximately 10” wide and 11.25” in length in the front and 10.25” in the back.

You state that you will also be importing other neck gaiters made from the same fabric content but different patterns. Styles 22130101, 2230102, 22130104, 22130107 and 22130109 will be the same as style 22130103 all imported from Taiwan. Styles 22330101, 22330102, 22330104, 22330107 and 22330109 will be the same as style 22330103 all imported from China.

The applicable subheading for all the 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 crochetedOther 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 and Taiwan 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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