United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1998 NY Rulings > NY B83571 - NY B83723 > NY B83708

Previous Ruling Next Ruling
NY B83708




April 14, 1997

CLA-2-62:RR:NC:3:353 B83708

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.8090; 6211.43.0091; 6217.10.9530; 5808.90.0010

Mr. Dandan Pan
Bestway Trading Int'l.
7693 Palmillar Dr. #2129
San Diego, CA 92122

RE: The tariff classification of graduation cap, gown, tassel, hood and stole from China.

Dear Mr. Pan:

In your letter dated March 22, 1997, you requested a classification ruling.

The submitted samples are a graduation cap, gown, cowl hood and a stole. Also included is a tassel. The samples will be retained for Customs purposes.

The gown is full length with long sleeves and a front zippered closure. The cap is designed with a flat textile covered top and a fabric covered button at the top. The cowl hood resembles a monks hood although it is worn around the neck as the stole. The tassel has a loop on one end that attaches to the button on the cap.

The classification for each item would be: The applicable subheading for the gown will be 6211.43.0091 Harmonized Tariff Schedule of the United States (HTS), which provides for Track suits, ski-suits and swimwear; other garments: Other garments, women's or girls: Of man-made fibers, Other. The duty rate will be 16.7% ad valorem.

The applicable subheading for the cap will be 6505.90.8090 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 21 cents\kg + 7.6% ad valorem.

The applicable subheading for the cowl hood and stole will be 6217. 10.9530 Harmonized Tariff Schedule of the United States (HTS), which provides for Other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212: Accessories: Other, Other: Of man-made fibers. The duty rate will be 15.2% ad valorem.

The applicable subheading for the tassel will be 5808.90.0010 Harmonized Tariff schedule of the United States (HTS), which provides for Braids in the piece; ornamental trimmings in the piece, without embroidery, other than knitted or crocheted; tassels, pompons and similar articles: Braids in the piece: Other: Other, Of Cotton; of man-made fibers. The duty rate will be 6.6% ad valorem.

If imported as a set it will meet the qualifications of "goods put up in sets for retail sale". If 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 gown imparts the essential character of the set.

The applicable subheading for the graduation set will be 6211.43.0091 Harmonized Tariff Schedule of the United States (HTS), which provides for Track suits, ski-suits and swimwear; other garments: Other garments, women's or girls: Of man-made fibers, Other. The duty rate will be 16.7% ad valorem.

Under the terms of Section 204 of the Agricultural Act of 1956, all applicable visa and quota requirements will apply for textiles and their products which are classified as parts of a set. This rule applies to all items which, if imported separately, would have require a visa or be subject to quota restraints.

Pursuant to a directive dated August 18, 1989, from the committee for the implementation of textile agreements (CITA), entry is to be prohibited for all textile items without a visa for which classification is claimed as sets under General Rules of Interpretation (GRI)3 of the HTS, and a separate textiles category currently exists or comes into existence requiring separate reporting of the components forming those sets.

The cap, gown, cowl hood, stole and set fall within textile category designation 659 and the tassel 229. 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

Previous Ruling Next Ruling

See also: