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NY H83264




August 6, 2001

CLA-2-61:RR:NC:TA:354 H83264

CATEGORY: CLASSIFICATION

TARIFF NO.: 6117.80.9540

RE: The tariff classification of a Glove/Mitt & Headband Set from China

Mr. Robert T. Stack
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, New York 10036-8901

Dear Mr.Stack:

In your letter dated July 6, 2001, on behalf of Avon Products Inc., you requested a classification ruling. The provided samples will be returned as per your request.

The submitted sample, style PP225128, is a glove/mitt and headband set of 100% polyester fleece fabric. The half-fingered glove/mitt features a sewn on mitten style cover that can be placed over the fingers or secured with hook and loop fasteners when not in use. The glove/mitt also features a plastic coated fabric palm patch, a hook and a clasp, a ribbed knit cuff and knitted fabric trim at the finger openings and the bottom of the mitten style cover. The matching color headband which is used for warmth has knitted fabric trim at the top and bottom. You have indicated that the glove/mitt and headband are to be sold through the Avon catalog packaged together as a retail set.

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 pair of glove/mitts nor the headband 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 headband.

The applicable subheading for style PP225128 will be 6117.80.9540, 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 for the set will be 14.9 percent ad valorem.

The textile restraint category for the glove/mitt is 631. For textile restraint purposes, the glove/mitt is reported in subheading 6116.93.8800, HTS, (also a GRI 3(c) determination). The textile restraint category for the headband is 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 Brian Burtnik at 212-637-7083.

Sincerely,

Robert B. Swierupski
Director,

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