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NY G89707




May 24, 2001

CLA-2-62:RR:NC:TAB:354 G89707

CATEGORY: CLASSIFICATION

TARIFF NO.: 6216.00.5820

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

RE: The tariff classification of a Scarf & Glove Set from China

Dear Mr. Pellegrini:

In your letter dated April 23, 2001, on behalf of Paris Accessories, Inc., you requested a classification ruling.

The submitted sample, style no. 9565, is a ladies scarf and glove set of man-made fibers. The fully lined and insulated woven nylon glove features knit fourchettes and sidewalls and an elasticized wrist. The matching color scarf has quilted woven nylon on one side and polyester fleece on the other. You indicate that sets are to be imported in packages for sale directly to retail customers without repackaging.

Based upon Section XI note 13 of the Harmonized Tariff Schedule of the United States (HTS), and General Rule 3 for the interpretation of the Harmonized System (GRI) the items meet the definition of “goods put up in sets for retail sale.” You have asserted that neither the scarf nor pair of gloves imparts the essential character of this set under GRI 3(b) and we agree. Therefore under GRI 3(c) the set will be classified under the heading for the gloves.

The applicable subheading for style 9565 will be 6216.00.5420, HTS which provides for Gloves, mittens and mitts: Other: Of man-made fibers: Other: With fourchettes, Other. The duty rate for the set will be 21.1¢/kg + 10.6 percent ad valorem.

The textile restraint category for the scarf is 659. For textile restraint purposes, the scarf is reported in subheading 6214.30.0000, HTS, (also a GRI 3(c) determination). The textile restraint category for the gloves is 631. Based upon international textile trade agreements products of Taiwan 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 Brian Burtnik at 212-637-7083.

Sincerely,

Robert B. Swierupski
Director,

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