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NY G86493





February 1, 2001

CLA-2-61:RR:NC:3:353 G86493

CATEGORY: CLASSIFICATION

TARIFF NO.: 6117.10.9530

Mr. Tony Collini
Mr. John S. Connor, Inc.
401 East Pratt St., Suite 700
Baltimore, MD 21202

RE: The tariff classification of ear warmers from Mexico.

Dear Mr. Collini:

In your letter dated January 15, 2001, on behalf of Big Bang Products, LLC, you requested a tariff classification ruling.

Two items of ear warmers were submitted with your request. Item #3, Arctic 180s, ear warmers are composed of knit fleece 50% polyester, 21% nylon, 4% lycra and 25% polyurethane form. Item #4, Ear grips/ear warmers are composed of knit fleece 75% polyester, 21% nylon and 4% lycra fabric. Both Items #3 and #4 wrap behind the head and stay securely on the head even during extreme sports.

The applicable subheading for the ear warmers, Items #3 and #4 will be 6117.10.9530, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212: Accessories; Other: Other, Of man-made fibers.” The general rate of duty is 14.9% ad valorem.

The ear warmers and ear grips fall within textile category designation 659. Based upon international textile trade agreements products of Mexico are not subject to quota and the requirement of 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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