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NY E88192




November 2, 1999

CLA-2-65:RR:NC:3:353 E88192

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.6090

Ms. Stacy L. Weinberg
Grunfeld, Desiderio, Lebowitz & Silverman LLP 245 Park Avenue
33rd Floor
New York, NY 10167-3397

RE: The tariff classification of hat/neck gaiter from China.

Dear Ms. Weinberg:

In your letter dated October 13, 1999, on behalf of your client American Eagle Outfitters, Inc., you requested a classification ruling.

The submitted sample is a Style 0993 ladies multi-function hat/neck gaiter consisting of knit 100% polyester fleece fabric. It is cylindrical in shape, measuring approximately 10 ½ x 9 inches, with a drawstring with a pom-pom at one end. When the drawstring is loose, the item functions as a neck warmer, when the drawstring is tightened the item functions as a hat.

The item is classifiable as a neck warmer under subheading 6117.80 and as a hat under 6505.60. General Rule of Interpretation (GRI) 3 (c) provides that “Whengoods are, prima facie, classifiable under two or more headingsthey shall be classified under the heading which occurs last in numerical order among those which equally merit consideration.”

The applicable subheading for the Style 0993 ladies multi-function hat/neck gaiter will be 6505.90.6090, 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: Knitted or crocheted or made up from knitted or crocheted fabric: Not in part of braid...Other: Other: Other.” The duty rate will be 29.8 cents per kilogram plus 10.6% ad valorem.

The Style 0993 ladies multi-function hat/neck gaiter falls within textile category designation 659. 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 and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 212-637-7084.

Sincerely,

Robert B. Swierupski
Director,

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