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NY F81828




February 9, 2000

CLA-2-61:RR:NC:3:353 F81828

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.6090

Ms. Carol Mossa
Augusta Sportswear
P.O.Box 14939
Augusta, GA 30919

RE: The tariff classification of a neck gaiter/cap from Macau.

Dear Ms. Mossa:

In your letter dated December 19, 1999, received in this office January 24, 2000, you requested a classification ruling. The sample will be returned to you as requested.

The submitted sample style #6740 identified as a “Gaiter/Cap” is composed of knit 100% polyester. The item is cylindrical with an opening at both ends. One end has an elastic drawcord that when drawn tightly forms the top of the cap. When the cord is not drawn it is used for warmth around the neck.

In accordance with GRI 3(c) When goods cannot be classified by reference to 3(a) or 3(b), they shall be classified under the heading which occurs last in numerical order among those which equally merit consideration.

The applicable subheading for style #6740, “Gaiter Cap” 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 no in strips), whether or not lined or trimmed; hair-nets of any material, whether or not lined or trimmed: Other: Of man-made fibers: Not in part of braid, Other: Other: Other.” The duty rate will be 27.9 cents/ kg + 9.8% ad valorem.

Style #6740 falls within textile category designation 659. Based upon international textile trade agreements products of Macau are not subject to quota but ate subject to a 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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