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NY F82205




February 17, 2000

CLA-2-65:RR:NC:3:353 F82205

CATEGORY: CLASSIFICATION

TARIFF NO.: 6506.99.0000

Mr. William Ng
Sunnywood, Inc.
181 Pembroke Drive
Lake Forest, IL 60069

RE: The tariff classification of flashlight harness from China.

Dear Mr. Ng:

In your letter dated January 12, 2000 you requested a classification ruling.

The submitted sample is an Item #3132 Flashlight Harness, which you state is composed of 100% knitted nylon elastic webbing. Examination of the sample reveals that it is not a knit fabric, but woven and braided. The item has an approximately 1 inch wide adjustable webbing that fits over the middle of, and around the head. There is a 2 x 2½ inch plastic holder at the front where a flashlight unit is attached. The item is imported without the flashlight. In the United States, the complete unit is worn on a person’s head and used by outdoor enthusiasts at night or in poor weather conditions, or during home improvement projects.

The Explanatory Notes (EN) constitute the official interpretation off the Harmonized System at the international level. The General Explanatory Note to Chapter 65 states “this Chapter covers hat-shapes, hat-forms, hat bodies and hoods, and hats and other headgear of all kinds, irrespective of the materials of which they are made and of their intended use (daily wear, theatre, disguise, protection, etc.).” Heading 6505 includes headgear of textile fabric. The EN to heading 65.05 gives examples of headgear which are classified under this subheading, these include hairnets, snoods, hats, berets, fezzes, peaked caps, professional and ecclesiastic headgear, pith helmets, opera hats and detachable hoods (imported separately from the garment). Although the item is composed of a textile fabric, it our opinion that the flashlight harness is not of a class or kind with the above.

The applicable subheading for the Item #3132 Flashlight Harness will be 6506.99.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other headgear, whether or not lined or trimmed: Other: Of other materials.” The duty rate will be 8.5% ad valorem.

This item is not subject to quota and does not require a visa.

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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