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NY L82666

March 3, 2005

CLA-2-61:RR:NC:N3:353 L82666


TARIFF NO.: 6117.80.9540

Mr. Charles Ashear
Paris Asia, Ltd.
350 Fifth Ave., Floor 70
New York. 10118

RE: The tariff classification of a neck gaiter from China.

Dear Mr. Ashear:

In your letter dated February 14, 2005 you requested a classification ruling. The sample will be returned to you as requested.

The submitted sample, style 22150109 is a neck gaiter composed of knit polyester fabric. The gaiter consists of a tube approximately 13” long and 10” in width when flat. The gaiter is pulled over the head and worn around the neck.

You state that you will also be importing styles 22150101 and 22150103 and that they will be identical in fabric content and style with the exception of the camouflage pattern.

The applicable subheading for gaiters, styles 22150109, 22150101 and 22150103 will be 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 rate of duty will be 14.6% ad valorem. The textile category designation is 659.

Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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