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NY K83883

March 22, 2004
CLA-2-61:RR:NC:3:353 K83883


TARIFF NO.: 6117.80.9540

Ms. Anne Irish
Gordini USA, Inc.
97 Allen Martin Drive
P.O. Box 8440
Essex Jct., Vermont 05451

RE: The tariff classification of face mask from China.

Dear Ms. Irish:

In your letter dated February 26, 2004 you requested a classification ruling.

The submitted sample Style # MASK5SP Face Mask is constructed of an outer surface of woven nylon stretch twill fabric laminated to an inner surface of knit, 90% polyester, 10% wool pile fabric. The face mask features a stow-away pocket containing a knit stretch polyester fleece helmet liner.

Chapter 60, Note 1 (c) states that “1. This chapter does not cover: (3) Knitted or crocheted fabrics, impregnated, coated, covered or laminated, of chapter 59. However, knitted or crocheted pile fabrics, impregnated, coated, covered or laminated, remain classified in heading 6001.”

The applicable subheading for the Style # MASK5SP Face Mask will be 6117.80.9540, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other made up clothing accessories, knitted or crochetedOther accessories: Other: Other, Of man-made fibers: Other.” The duty rate will be 14.6% ad valorem.

Style # MASK5SP Face Mask 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.

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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