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NY 816983




January 2, 1996

CLA-2-61:RR:NC:5:353 816983

CATEGORY: CLASSIFICATION

TARIFF NO.: 6117.80.9040

Mr. Stephen M. Zelman
Stephen M. Zelman & Associates
845 Third Ave.
New York, N.Y. 10022

RE: The tariff classification of a neck warmer from China.

Dear Mr. Zelman:

In your letter dated November 22, 1995, on behalf of Sportsmed International, Inc., you requested a classification ruling.

The submitted sample is a neck warmer consisting of a knit man-made fiber fabric. The neck warmer is designed to encircle the neck and can be extended to cover the cheeks and nose in order to provide protection against the cold. There is an opening at the base of the neck warmer into which a heat packet can be inserted.

The applicable subheading for the neck warmer, will be 6117.80.9040, Harmonized Tariff Schedule of the United States (HTS), 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. The duty rate will be 15.4 percent ad valorem. The rate for 1996 will be 15.3 percent ad valorem.

The neck warmer falls within textile category designation 659. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 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 Martin Weiss at 212-466-5881.

Sincerely,

Roger J. Silvestri
Director

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