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NY B84503




May 13, 1997

CLA-2-62:RR:NC:3:353 B84503

CATEGORY: CLASSIFICATION

TARIFF NO.: 6217.10.9530

Mr. Manuel Yan
Champion Zipper Corp.
447 West 36th St.
New York, N.Y. 10018

RE: The tariff classification of shoulder pads from Hong Kong.

Dear Mr. Yan:

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

Five samples of shoulder pads, labelled A, B, C, D and E were submitted with your request. Samples A, B, C, D consist of form rubber, stated to be covered with a woven, 100% polyester fabric. Sample E consists of needle point felt stated to be made of man-made fiber.

LAW AND ANALYSIS:

Classification of goods under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is governed by the General Rules of Interpretation (GRIs). GRI 1 provides that "classification shall be determined according to the terms of the headings and any relative section or chapter notes and , provided such headings or notes do not otherwise require, according to {the remaining GRIs taken in order}."

Heading 6217, HTSUS, provides for, among other things, other made up clothing accessories. The Explanatory Notes (EN) to the Harmonized Commodity Description and Coding System, the official interpretation of the tariff at the international level, provide for the following guidance in regard to heading 6217, and specifically in regard to shoulder and other pads:

This heading covers made up textile clothing accessories,, other than knitted or crocheted, not specified or included in other headings of this Chapter or elsewhere in the Nomenclature. The heading also covers parts of garments or of clothing accessories, not knitted or crocheted, other than parts of articles of heading 62.12.

The headings covers, inter alia:

Shoulder or other pads. These are usually made of wadding, felt, or textile waste covered with textile fabric. Shoulder and other pads consisting of rubber (usually cellular rubber) not covered with textile material are excluded (heading 40.15).

HOLDING:

The applicable subheading for the shoulder pads 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 percent ad valorem.

The shoulder pads fall within textile category designation 659. Based upon international textile trade agreements products of Hong Kong 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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