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NY B87125

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July 22, 1997

CLA-2-65:RR:NC:5:353 B87125

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.6090, 6116.93.8800, 6117.80.9540

Ms. Annie Ma
Pacific Peak Industries Ltd.
1566-650 West Georgia St.
P.O. Box 11536
Vancouver, British Columbia,
Canada V6B 4N7

RE: The tariff classification of knit hats, gloves and a three piece set from China.

Dear Ms. Ma:

In your letter dated June 19, 1997, you requested a classification ruling.

The submitted samples are:
Adult Toque (hat), Style 95064
Kid's Toque (hat), Style C01
Adult Glove , Style G22
Kid's Glove , Style G10
Kid's Scarf , Style 97732
Kid's 3-Piece Set, Style 9663

The items all consist of knit 100% acrylic fabric. The hats, Styles 95064 and C01 are designed as a ski hat with turned up cuff. The three piece set includes a hat, scarf and gloves.

The applicable subheading for the hats, Styles 95064 and CO1 and the three piece set, Style 9663 will be 6505.90.90, 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: Not in part of braid,Other: Other. The duty rate will be 33.8 cents/kg + 12% ad valorem.

The applicable subheading for the gloves, Styles G22 and GS10 will be 6116.93.8800, Harmonized Tariff Schedule of the United States (HTS), which provides for Gloves, mittens and mitts, knitted or crocheted: Of synthetic fibers: Other: Other: Without fourchettes. The duty rate will be 19.4% ad valorem.

The applicable subheading for the scarf, Style 97732 will be 6117.80.9540, 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: Of man made-fibers: Other. The duty rate will be 15.2% ad valorem.

The three piece set, Style 9663 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 set. Since the components are equally important classification will be based on GRI 3(c). The three piece set is classified in subheading 6505.90.6090.

The hats and scarf, Styles 95064, C01 and 97732 fall within textile category designation 659 and the gloves 631. For the three piece set a visa is required for each item. 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, Textile & Apparel

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See also:

• Tariff No.: 6116.93.88 - Gloves, mittens & mitts (excl. those designed for sports etc.), k/c, of synthetic fibers, under 23% by wt. of wool etc., w/o fourchettes
• Tariff No.: 6117.80.95 - Made up clothing accessories (excl shawl, scarve, and like, tie, cravat, headband, ponytail holder and like), cont < 70% wt of silk, k/c
• Tariff No.: 6505.90.60 - Hats and headgear, of mmf, knitted or crocheted or made up from knitted or crocheted fabrics, not in part of braid
• Tariff No.: 6505.90.90 - Hats and headgear, of textile materials (other than of cotton, flax, wool or mmf),nesoi