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NY K81711

February 6, 2004
CLA-2-61;62:RR:NC:3:353 K81711


TARIFF NO.: 6117.80.9540; 6201.93.1000; 6505.90.6090

Mr. Kelley G. Dunn
Marisol International
1645 West Republic Road
Suite B-2
Springfield, MO 65807

RE: The tariff classification of a facemask, reversible vest, balaclava and hand warmer from Taiwan.

Dear Mr. Dunn:

In your letter dated January 5, 2004, on behalf of Mahco Incorporated, you requested a classification ruling. As requested, the samples will be returned to you.

Your submitted sample, style 16440101 is a fleece lined neoprene facemask. The knit fleece material is made of 100% polyester fabric. The outer shell is made of knit polyester jersey camouflage material. The mask has a hook and loop closure. The product is designed for cold weather face protection during hunting or other winter activities. Styles 16440103 and 16440109 are identical to style 16440101, except for the camouflage pattern and color.

Style G1920 is a man’s reversible winter vest. Both shells are made of 100% woven polyester fabric and the filling is 70% duck down and 30% feathers. The sleeveless vest features a standup collar, a full frontal opening with a heavy duty zipper closure, vertical pockets and hemmed bottom. You state that the vest is made up of 19 percent by weight of down and waterfowl feathers of which 70 percent is down.

Style C0061 is a balaclava composed of knit polyester fleece camouflage fabric. The item is a snug fitting cap that covers the neck, top of the shoulders and a portion of the face.

Style CO236 is as a fleece hand warmer (hand muff). The hand warmer is cylinder shaped and composed of an outer surface of 100% knit polyester fleece with a camouflage print. The item is insulated with poly-fill. The item has an adjustable textile belt and elasticized cuffs.

The applicable subheading for the facemask and hand warmer will be 6117.80.9540, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up clothing accessories, knitted or crocheted, knitted or crocheted parts of garments or of clothing accessories: other accessories: other: other, of man-made fibers: other. The rate of duty will be 14.6 percent ad valorem.

The applicable subheading for style G1920 will be 6201.93.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles (including padded, sleeveless jackets), other than those of heading 6203: anoraks (including ski-jackets), windbreakers and similar articles (including sleeveless padded jackets): of man-made fibers: containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down. The rate of duty will be 4.4 percent ad valorem.

The applicable subheading for style C0061 will be 6505.90.6090, 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: not in part of braid, other: other: other The duty rate will be 20 cents per kilogram plus 7 percent ad valorem..

The facemask, hand warmer and balaclava fall within textile category designation 659. Based upon international textile trade agreements products of 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 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.

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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