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NY K85231





June 8, 2004
CLA-2-65:RR:NC:3:353 K85231

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.6090

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

RE: The tariff classification of a hat and glove set from Taiwan

Dear Mr. Ashear:

In your letter dated May 12, 2004, you requested a classification ruling. As requested the sample will be returned to you.

Your submitted sample, style 8342001, is a girl’s hat and glove set. The acrylic knit hat features a ribbed cuff and is not in part of braid. The gloves are knit of acrylic, polyester and spandex, full fingered, without fourchettes and feature a ribbed cuff with a hemmed edge. The goods are put up as a set for retail sale. These sets will be available in various stripe combinations. Neither the gloves or the hat impart the essential character of the item.

GRI 3 (c) states: When goods cannot be classified in GRI 3(a) or GRI 3 (b), they shall be classified under the heading which occurs last in numerical order among those which equally merit consideration.

The applicable subheading for style 8342001 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, in the piece (but not in strips), whether or not lined or trimmed; hair-nets of any material, 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 kg plus 7 percent ad valorem.

The hat falls within textile category designation 659. Taiwan is a member of the World Trade Organization (WTO). Although the hat is subject to quota and the requirements of a visa, the gloves in the set are not subject to quota or 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.

Sincerely,

Robert B. Swierupski
Director,

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