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NY J88927

October 28, 2003

CLA-2-65:RR:NC:3:353 J88927


TARIFF NO.: 6505.90.8090

Ms. Margaret McLain
Beijing Trade Exchange, Inc.
900 2nd Street NE, Suite 309
Washington, DC 20002

RE: The tariff classification of a hood from China.

Dear Ms. McLain:

In your letter dated September 25, 2003 you requested a tariff classification ruling.

The submitted sample is a Style IEPA Hood that is constructed of a 100% woven nylon fabric that has been coated on the outer surface with polyurethane. The hood features draw-cord tightening and four snaps at the bottom of the hood that can be attached to a matching jacket. The submitted sample is a gold color, but the hood will also come in green.

The Explanatory Notes (EN) constitute the official interpretation of the Harmonized System at the international level. The EN to 65.05 states “This heading covers hats and headgearwhether or not the fabric has been oiled, waxed, rubberized or otherwise impregnated or coated.

The applicable subheading for the Style IEPA Hood, gold or green, will be 6505.90.8090, Harmonized Tariff Schedule of the United States (HTS), which provides for “Hats and other headgearOf man-made fibers: Other: Not in part of braid, Other: Other: Other." The duty rate will be 19 cents/kg + 6.9% ad valorem.

The Style IEPA Hood, gold or green, 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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.

Your inquiry does not provide enough information for us to give a classification ruling on The IEPB, IEPC & IEPD Jackets, gold and green, and the IEPE & IEPF Overall, gold and green. Your request for a classification ruling should include:

The weight of the base fabric and weight of the coating for each jacket for both colors. The weight of the base fabric and weight of the coating for each coverall, for both colors. A sample of each item in both colors.
Please limit your ruling request to a maximum of 5 items of the same class or kind. We suggest separate rulings for the jackets and coverall.

When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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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