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NY G85412




January 9, 2001

CLA-2-65:RR:NC:3:353 G85412

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.6090, 6505.90.5090

Mr. John B. Pellegrini
Ross & Hardies
Park Avenue Tower
65 east 55th St.
New York, NY 10022-3219

RE: The tariff classification of balaclavas from China.

Dear Mr. Pellegrini:

In your letter dated December 15, 2000 you requested a classification ruling. The samples will be returned to you as requested.

Two samples of balaclavas were submitted with your request. Style #385102 is composed of a knit polyester fabric. It is a snug covering for the head and covers the neck and top of shoulders with an opening for the face. Style #335107 is composed of a knit polyester fleece fabric. It snugly covers the head and covers the neck and shoulders with an opening for the face. There is a braided drawstring closure around the face that ties at the neck. You will also be importing styles 389102, 331107, 332107 and 333107. You state in your letter that style #389102 will be identical in fabric and design to style #385102 with the difference being color and pattern. You further state that style #s 331107, 332107 and 333107 will be identical in fabric and design to style #335107.

The applicable subheading for Style #s 385102 and 389102 will be 6505.90.6090, Harmonized Tariff Schedule of the United States (HTS), which provides for “Hats and other headgear, knitted or crochetedfelt or other textile fabric whether or not lined or trimmed: Other: Of man-made fibers: Not in part of braid, Other: Other: Other.” The duty rate will be 25.9 cents/kg + 9.1% ad valorem.

The applicable subheading for Styles #s 335107, 331107, 332107 and 333107 will be 6505.90.5090, Harmonized Tariff Schedule of the United States (HTS), which provides for “Hats and other headgear, knitted or crochetedfelt or other textile fabricwhether or not lined or trimmed: 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 6.9% ad valorem.

The balaclavas 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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