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NY F85302





April 18, 2000

CLA-2-65:RR:NC:3:353 F85302

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.5090, 6117.80.9540

Mr. John Pellegrini
Ross & Hardies
Park Avenue Tower
65 East 55th Street
New York, New York 10022-3219

RE: The tariff classification of a balaclava and neck gaiter from China.

Dear Mr. Pellegini:

In your letter dated April 5, 2000, on behalf of Paris Asia, Ltd., you requested a classification ruling. The sample will be returned to you as requested.

The submitted samples are balaclava and neck gaiter composed of knit 100% polyester fleece fabric. The balaclava is a hood like item that has a snug-fitting cap that covers the head, neck and top of the shoulders. The item has a braided drawstring closure around the opening for the face. The neck gaiter is a tube approximately 9 ¾” in length and 9 ½” width when flat, it is intended to be pulled over he head and worn around the neck.

The applicable subheading for the balaclava will be 6505.90.5090, 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 lined or trimmed: Other: Of man-made fibers: Knitted or crocheted or made up from knitted or crocheted fabric: Wholly or in part of braid, Other: Other.” The duty rate will be 7% ad valorem.

The applicable subheading for the neck gaiter will be 6117.80.9540, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other made up clothing accessories, knitted or crocheted; knitted or crocheted parts of garments or of clothing accessories: Other accessories: Other: Other, Of man-made fibers: Other.” The rate of duty will be 15% ad valorem.

The balaclava and the neck gaiter fall 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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