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NY I89076

January 7, 2003

CLA-2-61:RR:NC:3:353 I89076


TARIFF NO.: 6505.90.6090, 6117.80.9540, 6116.10.0800

Ms. Barbara J. Riley
Kmart Corp.
Resource Center
3100 West Big Beaver Rd.
Troy MI 48084-3163

RE: The tariff classification of a hunting hat, sport socks and sport gloves from Thailand.

Dear Ms. Riley:

In your letter dated December 11, 2002 you requested a classification ruling. The samples will be returned to you as requested.

Style 88-65-17 is a hat constructed of a neoprene laminated knitted polyester fabric outer shell and fleece inside. The ear flaps have hook and loop tape that secures under the chin.

Styles 80-07-74 and 88-65-38 are socks of a neoprene laminated knitted polyester fabric outer shell and fleece inside. You state that this item will be marketed as socks, however they do not fit within the purview of typical wearing apparel socks or hosiery, therefore they will be classified as an accessory to wearing apparel.

Style 88-63-23 is a glove with a palmside from fingertips to wrist constructed of a fleece knit fabric covered with embossed neoprene rubber. The balance of the glove is made of neoprene sandwiched between a knitted camouflage printed fabric on the outside and a solid color knitted fabric on the inside. The glove features a partially elasticized wrist, pre-curved fingers, and a fabric trimmed tight fitting cuff. The cumulation of features indicates design suitable for the sport of hunting near or on the water.

The applicable subheading for the hat, style 88-65-17 will be 6505.90.6090, Harmonized Tariff Schedule of the United States (HTS), which provides for “Hats and other headgear, knitted or crochetedOf man-made fibers: Knitted or crocheted or made up from knitted or crocheted fabric: Not in part of braid, Other: Other.” The duty rate will be 22 cents/kg + 7.7% ad valorem.

The applicable subheading for the socks, styles 80-07-74 and 88-65-38 will be 6117.80.9540, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other made up clothing accessories, knitted or crocheted;Other accessories: Other: Other, Of man-made fibers: Other.” The rate of duty will be 14.7% ad valorem.

The applicable subheading for the sport gloves, style 88-63-23 will be 6116.10.0800, Harmonized Tariff Schedule of the United States (HTS), which provides for ‘Gloves, mittens and mitts, knitted or crocheted: Impregnated, coated or covered with plastics or rubber: Other gloves, mittens and mitts, all the foregoing specially designed for use in sports, including ski and snowmobile gloves, mittens and mitts.” The duty will be 3.1% ad valorem.

Styles 88-65-17, 80-07-74 and 88-65-38 fall within textile category designation 659. Based upon international textile trade agreements products of Thailand are subject to quota and the requirement of a visa.

The gloves, style 88-63-23 are not subject to quota restraints or visa requirements.

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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