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NY M80931

March 15, 2006

CLA-2-61:RR:NC:N3:353 M80931


TARIFF NO.: 6505.90.6090, 6117.80.9540

Ms. Francine Marcoux
Hampton Direct Inc.
350 Pioneer Dr.
P.O. Box 1199
Williston, VT 05495

RE: The tariff classification of a hat and dickey from China.

Dear Ms. Marcoux:

In your letter dated March 2, 2006 you requested a classification ruling.

Two samples were submitted with your request.

Style 54300, black Wrap Around Hat is made of knit fleece100% polyester fabric. The hood-like item, resembling a balaclava, has a flap with a hook and loop closure that can be worn over the face. The wrap around hat will also be imported in two other colors, style 54302, navy and style 54304 charcoal grey.

Style 26441, hunter green/black Reversible Dickey is made of knit fleece 100% polyester fabric. The dickey has a mock turtle collar and a front zipper. The reversible dickey will be imported in three other colors, styles 26440, red/black, 26442, charcoal gray/black and 26443, navy/black.

The applicable subheading for the Wrap Around Hat, styles 54300, 54302 and 54304 will be 6505.90.6090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Hats and other headgear, knitted or crochetedwhether or not lined or trimmedOther: 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 kilogram plus 7% ad valorem. The textile category designation is 659.

 The applicable subheading for Reversible Dickey, styles 26441, 26440, 26442 and 26443 will be 6117.80.9540, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Other made up clothing accessories knitted or crochetedOther accessories: Other, Of man-made fibers: Other." The duty rate will be 14.6% ad valorem. The textile category designation is 659.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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