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NY I87960

November 21, 2002

CLA-2-61:RR:NC:3:353 I87960


TARIFF NO.: 6117.80.9540

Mr. John B. Pellegrini
Ross & Hardies
65 East 55th Street
New York, NY 10022-3219

RE: The tariff classification of a neck gaiter from China.

Dear Mr. Pellegrini:

In your letter dated October 29, 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 22330112 is a neck gaiter of 100% knit polyester fleece fabric. It consists of a tube approximately 10 inches in width and 9 ¾ inches in length in front and 12 inches in back. The bottom edges are rounded hems. The gaiter is pulled over the head and worn around the neck. The gaiter is black in color. You state that, styles 22330101, 22330102, 22330103, 22330104, 22330107 and 22330109 are the same as style 22330112, except for color and/or camouflage pattern.

The applicable subheading for all styles will be 6117.80.9540, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other made up clothing accessories, knitted or crochetedclothing 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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