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NY K86452

June 8, 2004
CLA-2-61:RR:NC:3:353 K86452


TARIFF NO.: 6117.80.9510, 6505.90.1540

James O. Newman & Harriet L. Newman
1844 S. Marengo Ave. #34
Alhambra, CA 91803

RE: The tariff classification of removable protective sleeves from Australia, China and South Africa.

Dear Mr./Ms. Newman:

In your undated letter you requested a classification ruling.

The submitted samples are removable protective sleeves that are designed for protection, promotion, fashion, spirit and fun.

Sample #1 is a removable athletic arm sleeve composed of knit 90-92% cotton and 8-10% Lycra fabric. The item is tubular in shape and a cuff opening at each end, Patent #US D442,765 S.

Sample #2 is a protective sleeve that can also be worn as headwear or around an athlete’s neck for protection and comfort. It is comprised of a tubular body having a notched, cuffed opening at an upper end of the sleeve. At the sleeve’s upper end, the cuff has two radial cuff ties, while lengthwise, ties are provided at the inseam. This allows the item to be secured to the head. The upper cuff also has a hook and loop system to secure the item on the wearer’s arm. The item is composed of knit 92% cotton and 8% Spandex fabric, Patent #US 6,665,876 B1.

For Sample #2, neither the sleeve heading (6117) nor the headwear portion heading (6505) imparts the essential character to the item. Following General Rule of Interpretation (GRI) 3 (c), it will be classified under the heading which occurs last in numerical order in the HTS.

The applicable subheading for Sample #1 will be 6117.80.9510, Harmonized Tariff schedule of the United States, (HTS), which provides for "Other made up clothing accessories, knitted or crochetedOther accessories: Other: Other, Of cotton." The duty rate will be 14.6% ad valorem. The textile category is 359.

The applicable subheading for Sample #2 will be 6505.90.1540, Harmonized Tariff Schedule of the United States (HTS), which provides for "Hats and other headgearmade up from lace, felt or other textile fabricOther: Of cotton, flax or both: Knitted, Of cotton: Other: Other." The duty rate will be 7.9% ad valorem. The textile category designation is 359.

Based upon international textile trade agreements products of Australia and South Africa are not subject to quota and the requirement of a visa. Sample #1 from China is subject to quota and the requirement of visa, Sample #2 is 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.


Robert B. Swierupski

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