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NY G85415




January 9, 2001

CLA-2-61:RR:NC:3:353 G85415

CATEGORY: CLASSIFICATION

TARIFF NO.: 6117.80.9540

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

RE: The tariff classification of neck gaiters from China.

Dear Mr. Pellegrini:

In your letter dated December 15, 2000, on behalf of Paris Asia, Ltd., you requested a classification ruling. The samples will be returned to you as requested.

Two samples of neck gaiters were submitted with your request. Style # 685102 is composed of knit polyester fabric. Style #631104 is composed of knit polyester fleece fabric. The neck gaiters are a tube approximately 15” 9-3/4”in length and 9 ½” in width when flat. It is intended to be pulled over the head and worn around the neck. You will also be importing styles 689102,632104, 634104 and 635104. You state that style #689102 is identical to in fabric and design style 686102. You further state that style #s 632104, 633104, 634104 and 635104 are identical in fabric and design to style #631104.

The applicable subheading for the neck gaiters 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 duty rate will be 14.9% ad valorem.

The neck gaiters 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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