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NY M84623




June 26, 2006

CLA-2-65:RR:NC:N3:353 M84623

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.6090

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

RE: The tariff classification of hat and mitten sets from China. Correction to Ruling Number M83808

Dear Mr. Ashear:

This replaces Ruling Number M83808, dated June 23, 2006, which contained a clerical error to the style number. A complete corrected ruling follows.

The submitted sample, Style AW36L133T, Lamb Design, is a toddler hat and mitten set composed of 100% knit polyester fleece fabric. The hat features an animal design and chin strap with a hook and loop fastener. The mittens feature the same animal design as the hat.

You state that you will also be importing similar sets with different animal designs the same fabric content in Styles AW36K125TD, AW36K125TF and AW36L134T.

Neither article imparts the essential character of the set, which will be classified in accordance with General Rule of Interpretation (GRI) 3 (c) under the heading that occurs last in numerical order in the HTS.

The applicable subheading for the Toddler Hat and Mitten Sets, Styles AW36L133T, AW36K125TF, AW36K125TD and AW36L134T will be 6505.90.6090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, Other: 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 + 7% 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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