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NY E88334




November 17, 1999

CLA-2-65:RR:NC:3:353 E88334

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.3090; 6505.90.2060; 6214.90.0010

Ms. Ellen A. DiLapi
Grundfeld, Desiderio & Lebowitz & Silverman 245 Park Ave., 33rd Fl.
New York, NY 10167-3397

RE: The tariff classification of headwear and a scarf from Hong Kong.

Dear Ms. DiLapi:

In your letter dated October 19, 1999, on behalf of American Eagle Outfitters Inc., you requested a classification ruling. The samples will be returned to you as requested.

Three samples were submitted with your request. Style No. H002 is a triangular shaped item measuring approximately 12” x 12” x 17”. The item is composed of knit 100% lambswool. Two self-fabric knit ties measuring approximately 14 ½ “ long extend from the sides.

Style No. 2010 is triangular piece with embroidery, measuring approximately 13” x 13” x 19”. It has two self-fabric straps about 9 ¼” long and ¾” wide extending from the sides. You stated by telephone conversation that it is composed of woven 100% cotton fabric.

Style No. 2011 is also a triangular shaped item made of woven cotton fabric. It measures approximately 21” x 21” X 30”. This item contains no straps, no curved pocket and can easily be worn around the neck. You also stated by telephone conversation that this item is also composed of woven 100% cotton fabric.

The applicable subheading for style No. H002 will be 6505.90.3090, Harmonized Tariff Schedule of the United States (HTS), which provides for “Hat and other headgear, knitted or crocheted,whether or no lined or trimmed: Other: Of wool: Knitted or crocheted or made up from knitted or crocheted fabric, Other: Other.” The duty rate will be 38 cents/kg + 11.6% ad valorem.

The applicable subheading for style No. 2010 will be 6505.90. 2060, Harmonized tariff Schedule of the United States (HTS), which provides for “Hats and other headgear, knitted or crocheted,whether or not lined or trimmed: Of cotton, flax or both: Not knitted: Certified hand-loomed and folklore products; and headwear of cotton, other.” The duty rate will be 7.8% ad valorem.

The applicable subheading for style 2011 will be 6214.90.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for “Shawls, scarves, mufflers, mantillas, veils and the like: Of other textile materials, Of cotton.” The duty rate will be 11.3% ad valorem.

Style No. H002 falls within textile category designation 459 and Style Nos. 2010 and 2011 fall within textile category 359. 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 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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