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NY L84503




May 24, 2005

CLA-2-62:RR:NC:3:353 L84503

CATEGORY: CLASSIFICATION

TARIFF NO.: 6217.10.9530

Ms. Tonja Davenport
Dollar General Corporation
100 Mission Ridge
Goodlettsville, TN 37072-2170

RE: The tariff classification of textile accessories from China.

Dear Ms. Davenport:

In your letter dated April 2, 2005, you requested a classification ruling. As requested the samples will be returned to you.

You have submitted two samples. You describe style DG0501 as a fashion accessory. It consists of two bands and a bracelet. The bands are constructed of elastic and covered with woven man-made fiber fabric ribbons that have been looped and tied over the elastic. There are small fabric hearts at the end of the fabric. The bands can either be worn on the wrist or in the hair. The bracelet is constructed of metal wire with glass and plastic beads. The items will be packaged in a polybag on a card as a fashion accessory set.

You describe style DG0502 as a fashion accessory. Per a telephone conversation, you stated that this item could be worn around a child’s neck as a collar or around their waist as a belt. The item consists of woven man-made fiber fabric ribbons that have been looped and tied over a fabric cord. The item fastens with a break-away plastic clasp.

GRI 3(b) is applicable when goods are, prima facie, classifiable under two or more headings, and have been put up in sets for retail sale. GRI 3(b) states that the goods “shall be classified as if they consisted of the material or component which gives them their essential character.” In this case, the textile fashion accessories of style DG0501 impart the essential character of the set.

The applicable subheading for styles DG0501 and DG0502 will be 6217.10.9530, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up clothing accessories, parts of garments or of clothing accessories, other than those of heading 6212: accessories: other: other, of man-made fibers. The rate of duty will be 14.6 percent ad valorem.

Styles DG0501 and DG0502 fall 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.

Sincerely,

Robert B. Swierupski
Director,

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