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NY K83286

March 11, 2004
CLA-2-61:RR:NC:3:353 K83286


TARIFF NO.: 6117.80.9540

Mr. Charles D. Ashear
Paris Asia, Ltd.
350 Fifth Avenue
Floor 70
New York, NY 10118

RE: The tariff classification of a facemask from Bangladesh.

Dear Mr. Ashear:

In your letter dated February 11, 2004, on behalf of Wal-Mart Stores, Inc., you requested a classification ruling. As requested the sample will be returned to you.

Your submitted sample, style 16340501 is a 100% polyester knit fleece facemask with a camouflage print. The mask has a hook and loop closure. The facemask extends completely over the nose, ears, cheekbones and temple area. The product is designed for cold weather face protection during hunting or other winter activities. Styles 16340503 and 16340509 are identical to style 16340501, except for the camouflage pattern.

The applicable subheading for styles 16340501, 16340503 and 16340509 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.

Styles 16340501, 16340503 and 16340509 fall within textile category designation 659. Based upon international textile trade agreements products of Bangladesh are subject to 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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