NY 880401 - The tariff classification of "Kool Core" head bands, neck bands, and wrist bands from China, Colombia or the Dominican Republic. - United States International Trade Commision Rulings

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NY 880401

November 19, 1992

CLA-2-39:S:N:N3D:221 880401

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9090

Mr. Richard Pressman
Servtex International Inc.
460 West 34th Street
New York, NY 10001

RE: The tariff classification of "Kool Core" head bands, neck bands, and wrist bands from China, Colombia or the Dominican Republic.

Dear Mr. Pressman:

In your letter dated November 16, 1992, you requested a tariff classification ruling.

Samples of three types of "Kool Core" bands were submitted with your letter. They include a head band, a neck band, and a wrist band, and are variations on samples which were the subject of a previous ruling. These items are designed to be worn during physical activity. Each band consists of a core of foamed plastics material encased in a fabric sleeve. The wrist band is a one piece construction with a stretch cotton terry panel. The head band and neck band have extended ends for tying. The band is soaked in cold water so that the core absorbs the liquid. Then, when the band is worn, air passing over the Kool Core causes the entrapped water to evaporate, thus lowering the temperature of the core. This is designed to lower the body temperature and increase the comfort of the person wearing the band.

The applicable subheading for these Kool Core bands will be 3926.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

Articles classifiable under subheading 3926.90.9090, HTS, which are products of Colombia or the Dominican Republic, are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

Articles classifiable under subheading 3926.90.9090, HTS, which are products of the Dominican Republic, are entitled to duty free treatment under the Caribbean Basin Economic Recovery Act (CBERA) upon compliance with all applicable regulations.

You inquire about various marking requirements for the bands. Unless excepted by law, Section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), requires that every article of foreign origin (or its container) be legibly and conspicuously marked to indicate the country of origin to the ultimate purchaser in the United States. However, it is not necessary to mark these articles with the RN number or with the fabric content.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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