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NY C84747

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March 11, 1998

CLA-2-62-CL:PD:FO:CBII:HO2

CATEGORY: CLASSIFICATION

TARIFF NO.: 4203.40.6000; 6117.80.9540; 6217.10.9530

Mr. John T. Raia
John T. Raia Customhouse Brokers
One Industrial Plaza
Building D
Valley Stream, NY 11581

RE: The tariff classification of various ear bags from Sri Lanka

Dear Mr. Raia:

In your letter of February 18, 1998, you requested a tariff classification ruling on behalf of your client, James Thompson & Co., Inc., 475 Park Avenue South, New York, New York 10016.

You have submitted a sample pair of ear bags, which are two oval-shaped items which fit over the ears and act much like ear muffs, but are not connected to each other. You state that there will be three different constructions: knit polyester, woven polyester, and leather. You have advised that the leather used will not be reptile leather. The sample submitted has an inner surface of what appears to be a fake fur.

The applicable subheading for ear bags of leather will be 4203.40.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles of apparel and clothing accessories, of leather or of composition leather: other clothing accessories: other. The rate of duty will be free.

The applicable heading for ear bags of knit polyester 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 rate of duty is 15.1%

The applicable heading for ear bags of woven polyester 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 rate of duty is 15.1%

The applicable textile category for the polyester ear bags, whether knit or woven, is 659. This merchandise is subject to visa requirements based on international textile trade agreements. The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since 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.

Sincerely,

John M. Regan
Service Port Director

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See also:

• Tariff No.: 4203.40.60 - Clothing accessories of leather or of composition leather, nesi
• 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.: 6217.10.95 - Made up clothing accessories (excl of heading 6212 or headbands, ponytail holders & like), containing < 70% wgt of silk, not knit/crochet