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NY G80314




August 16, 2000

CLA-2-65:RR:NC:3:353 G80314

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.1540

Mr. Rodney Ralston
Trans-Border Customs Services, Inc.
One Trans-Border Drive
P.O. Box 800
Champlain, NY 12919

RE: The tariff classification of a balaclava from China.

Dear Mr. Ralston:

In your letter dated July 19, 2000, on behalf of Kimpex Inc., you requested a classification ruling. In your letter you informed us that the balaclava classified in ruling NY F88004, dated July 20, 2000 would now be constructed with a head portion of a different fiber content. The sample submitted with the ruling request will be returned to you.

The submitted sample, Style 198030 Balaclava, is constructed of a head portion consisting of knit 90% cotton/10% spandex fabric with the balance of the item of knit polyester and spandex fabric. The cotton/spandex head portion, which covers the crown of the head, imparts the essential character to the balaclava.

The applicable subheading for the Style 198030 Balaclava will be 6505.90.1540, 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 fabricwhether or not lined or trimmed: Other: Of cotton, flax or both: Knitted, Of cotton: Other: Other.” The duty rate will be 8.1% ad valorem.

The Style 198030 Balaclava falls within textile category designation 359. 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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