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NY D83191





October 28, 1998

CLA-2-62:RR:NC:3:353 D83191

CATEGORY: CLASSIFICATION

TARIFF NO.: 6217.10.9510; 6505.90.4090

Mr. Raymond Anderson
Charles A. Redden, Inc.
1210 Corbin St.
Elizabeth, New Jersey 07201

RE: The tariff classification of a cotton sling and hat from Pakistan.

Dear Mr. Anderson:

In your letter dated September 29, 1998, on behalf of International Military Antiques Inc., you requested a classification ruling.

Three samples were submitted with your request. The cotton sling is made from woven cotton fabric with brass fittings. It is usually used as a bandolier from which grenades, or canteens are hung. The canteen is made from metal and covered with a woven wool fabric. The Glengarry style cap is made from woven wool fabric.

As per Chapter 63 Note 3(a) Articles of textile materials: (i) Clothing and clothing accessories, and parts thereof; In order to be classified in this heading, the articles mentioned above must comply with both of the following requirements: (i) They must show signs of appreciable wear; and (ii) They must be entered in bulk or in bales, sacks or similar packings.

The merchandise in question does not meet the both requirements above.

The applicable subheading for the sling will be 6217.10.9510, 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 cotton." The duty rate will be 15.1% ad valorem.

The applicable subheading for the Glengarry Cap will be 6505.90.4090, Harmonized Tariff Schedule of the United States (HTS), which provides for "Hats and other headgear, knitted or crocheted, or made up from lace, felt of other textile fabric, in the piece (but not in strips), whether or bot lined or trimmed; hair-nets of any material, whether or not lined or trimmed: Other: Of wool: Other, Other: Other." The duty rate will be 32.3 cents/kg + 8.2% ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the canteen. Your request for a classification ruling should include the type of metal from which the canteen is made.

The sling falls within textile category designation 359 and the cap falls within the textile category 459. Based upon international textile trade agreements the sling from Pakistan is subject to quota and the requirement of a visa. The hat is not subject to quota and a requirement of 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 Kenneth Reidlinger at 212-466-5881.

Sincerely,

Robert B. Swierupski
Director,

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