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NY B86758




July 2, 1997

CLA-2-65:RR:NC:3:353 B86758

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.6090

Mr. David A. Eisen
Siegel, Mandell & Davidson, P.C.
One Aster Plaza
1515 Broadway, 43rd Floor
New York, N.Y. 10036-8901

RE: The tariff classification of a "Polar Fleece hat and Gloves Set" from China.

Dear Mr. Eisen:

In your letter dated June 23, 1997, on behalf of Avon Products, Inc., you requested a classification ruling.

The submitted sample is a hat and glove set consisting of 100 percent polyester knit fabric. The hat is a slouch style with a matching fabric pair of gloves. The hat measures approximately 10 inches in diameter, and features a "fold-over" brim. The full-fingered gloves feature elasticized wrists.

The submitted set meets the qualifications of "goods put up in sets for retail sale". The components of the set consist of at least two different articles which are, prima facie, classifiable in different headings. They are put together to meet a particular need or carry out a specific activity, and they are packed for sale directly to users without repacking. The hat imparts the essential character of the sets by virtue of GRI 3(c). As requested the samples are being returned to you.

The applicable subheading for the "Polar Fleece Hat & Gloves Set" will be 6505.90.6090, 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 man-made fibers: Knitted or crocheted or made up from knitted or crocheted fabric Not in part of braid, Other. The duty rate will be 33.8/kg + 12% ad valorem.

The Polar Fleece Hat & Gloves Set 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 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 Martin Weiss at 212-466-5881.

Sincerely,

Paul K. Schwartz
Chief, Textiles & Apparel Branch

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