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NY K83492

March 11, 2004
CLA-2-39:RR:NC:SP:221 K83492


TARIFF NO. 3926.90.9880; 6216.00.4600; 6505.90.6090

Mr. Steven De Core
D&D Customhouse Brokerage, Inc.
701 Newark Avenue, Suite LL1
Elizabeth, NJ 07208

RE: The tariff classification of a plastic water bottle, plastic wheel, textile hat and gloves from China and Taiwan.

Dear Mr. De Core:

In your letter dated February 4, 2004, on behalf of your client Flaquitz Enterprises, Inc., you requested a classification ruling.

You have submitted four samples. The first sample is a plastic water bottle with a snap-on top that is designed with a pop-up valve drinking spout. The water bottle measures approximately 11 inches high. The plastic water bottle is made in China.

The second sample is a plastic wheel that measures approximately 7 inches in diameter. We do not have sufficient information to render a classification of the plastic wheel at this time. Please provide full details on where the wheel is used. When you have the required information, you may resubmit your request for a classification ruling. The wheel is made in China.

Sample number three is a textile hat made of 60% polyester knit fabric and 40% nylon knit fabric. The “Triking Kobra” hat is designed with a plastic extension strip in the back. The plastic strip is made with snaps that allow for fitting ajustments. The hat is made in Taiwan.

Sample number four is a pair of gloves. The “Triking Kobra” glove is constructed with a synthetic leather palmside. The backside is made of a three-ply material consisting of foam sandwiched between two knitted fabrics which covers the two middle fingers from the fingertips to the wrist and is also at the base of the backside thumb. The balance of the backside is made of a mesh fabric covering the pinky and forefinger from the fingertips to the wrist. A Kevlar overlay reinforces the thumb/forefinger crotch and encircles the lower thumb area. Fabric covered thick padding is located on the palmside at the base of the fingers and at the lower palm. Inner padding is also sewn at the palmside fingertips of the forefinger and a middle finger and down the backside two middle fingers. The glove also features a cuff made of neoprene sandwiched between two knitted fabrics which is secured by hook and loop fasteners. “Triking Kobra” is printed on the backside of the cuff.

The applicable subheading for the plastic water bottle will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

The applicable subheading for the “Triking Kobra” glove will be 6216.00.4600, HTS, which provides for gloves, mittens and mitts: other: of man-made fibers: other gloves, mittens and mitts, all the foregoing specially designed for use in sports, including ski and snowmobile gloves, mittens and mitts. The rate of duty will be 2.8 percent ad valorem.

The applicable subheading for the “Triking Kobra” hat will be 6505.90.6090, HTS, which provides for hats and headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece (but not in strips), whether or not lined or trimmed . . .: 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 textile hat falls 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 Joan Mazzola at 646-733-3023.


Robert B. Swierupski

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