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NY L82699

March 15, 2005

CLA-2-61:RR:NC:TA:353 L82699


TARIFF NO.: 6117. 80.8500, 6117.80.9540

Mr. Ron Sachs
Jacob Ash Holdings, Inc.
301 Munson Ave.
McKees Rocks, PA 15136

RE: The tariff classification of a headband and face mask from China.

Dear Mr. Sachs:

In your letter dated February 17, 2005 you requested a classification ruling.

The submitted sample, style 23-212 is a camouflage design headband, composed of neoprene, covered with knit polyester fabric with a fleece lining and a spandex binding. The headband is offered under several style numbers in a variety of camouflage and solid colors.

Style 23-113 is a neoprene facemask covered with knit polyester fabric. The facemask extends completely over the nose, ears, cheekbones and temple area with a hook and loop type fastener at the back of the head. The facemask is offered in three sizes under several style numbers and in a variety of camouflage and solid colors.

 The applicable subheading for the headband, style 23-212 will be 6117.80.8500, Harmonized Tariff Schedule of the United States (HTS), which provides for "Other made up clothing accessories, knitted or crochetedOther accessories: Other: Headbands, ponytail holders and similar articles." The duty rate will be 14.6% ad valorem.

The applicable subheading for the neoprene face mask, style 23-113 will be 6117.80.9540, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up clothing accessories, knitted or crocheted; knitted or crocheted parts of garments or of clothing accessories: Other accessories Other, Of man-made fibers: Other. The duty rate will be 14.6 percent ad valorem.

Style 23-113, facemask falls within textile category designation 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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