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NY 810560

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June 5, 1995

CLA-2-65:S:N:N5:353 810560

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.1540, 9802.00.9000

Ms. Denide Tumlinson
Richard E. Stringham & Co.
411 Tecate Rd./P.O. Box 1294
Tecate, CA 91980

RE: The tariff classification of a painter's mask and cheesecloth and tack cloths from Mexico.

Dear Ms. Tumlinson:

In your letter dated May 8, 1995, on behalf of Wayck, Inc., you requested a tariff classification ruling.

The samples submitted are a painter's mask, cheesecloth and tack cloths. The painters mask consists of a knitted cotton fabric that covers the head and neck and has an opening for the face.

The applicable subheading for the painter's mask will be 6505.90.1540, Harmonized Tariff Schedule of the United States (HTS), which provides for hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece (but not in strips), whether or not lined or trimmed; hair-nets of any material, whether or not lined or trimmed: Other: Of cotton, flax or both: Knitted, Of cotton: Other: Other. The duty rate will be 8.4 percent ad valorem.

Your letter states that the submitted sample is to be assembled from U.S. components in Mexico. Your item may meet the requirements of Subheading 9802.00.9000, which applies to Textile and apparel goods, assembled in Mexico in which all fabric components were wholly formed and cut in the United States, which (a) were exported in condition ready for assembly without further fabrication, (b) have not lost there physcial identity in such articles by change in form, shape or otherwise, and (c) have not been advanced in value or improved in condition abroad except by being assembled and except by operations incidential to the assembly process. The painter's mask will qualify for duty free treatment upon conforming with all applicable regulations.

Your inquiry does not provide enough information for us to give a classification ruling on the cheese cloth and tack cloth. Your request for a classification ruling should include:

1-Describe fabric and provide any trade name by which the fabric is known and provide style name and number. 2- Specify each component material by weight; if containing man made fibers provide the generic name of each fiber, its relative weight and distinguish by weight between filament and staple fiber. 3- Indicate if fabric is unbleached, bleached, dydes, composed of yarns of different colors, or printed. 4- Provide the number of single threads per centimeter in the warp and filling. 5- Provide the weight of the fabric in grams per meter squared. 6- Specify the type of weave, for example plain, twill, oxford, sateen etc. 7- Specify the type of machine on which the fabric is woven; if with jacquard, if with swivel, if with lappet, if with dobby. 8- Provide yarn size or sizes in both the warp and filling. 9- State whether yarns are combed or carded. 10- Indicate whether fabric is napped or not napped. 11- State width of fabric.

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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See also:

• Tariff No.: 6505.90.15 - Hats and headgear, of cotton and/or flax, knitted
• Tariff No.: 9802.00.90 - Textile and apparel goods, assembled in Mexico in which all fabric components were wholly formed and cut in the United States, etc.