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NY M80957




March 23, 2006

CLA-2-61:RR:NC:N3:353 M80957

CATEGORY: CLASSIFICATION

TARIFF NO.: 6117.80.9540

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

RE: The tariff classification of neck gaiters from China.

Dear Mr. Ashear:

In your letter dated March2, 2006, you requested a classification ruling. The samples will be returned to you as requested.

Two samples of neck gaiters were submitted with your request. Style 22160103 is a camouflage pattern, tube-like item made of knit polyester fabric. The gaiter measures approximately 13” long x 10” wide when flat. It is pulled over the head and worn around the neck.

Style 22360203 is made of knit fleece polyester fabric. The reversible gaiter is camouflage pattern on one side and blaze orange on the other. The tube-like item measures approximately 13” in width and 10” in length in the front and 12” in length in back with a drawstring in the back. The gaiter is pulled over the head and worn around the neck and covers the ears.

You state that style 22160103 will also be imported in style 22160101 and that the neck gaiter will be identical in fabric content with the exception of a different camouflage pattern.

You further state that style 22360203 will also be imported in style 22360201 and that it will be identical in fabric content with the exception of the camouflage pattern.

The applicable subheading for the neck gaiters, styles 22160101, 22160103, 22360201 and 22360203 will be 6117.80.9540, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other made up clothing accessories, knitted or crocheted; knitted or crocheted parts of garments or of clothing accessories: Other accessories: Other: 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.

Sincerely,

Robert B. Swierupski
Director,

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