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NY H86267




January 9, 2002

CLA-2-61:RR:NC:3:353 H86267

CATEGORY: CLASSIFICATION

TARIFF NO.: 6117.80.9540, 4203.40.6000
Ms. Alice Liu
Atico Int’l., Inc.
501 So.Andrews Ave.
Ft. Lauderdale, FL 33301

RE: The tariff classification of earmuffs from China.

Dear Ms. Liu:

In your letter dated December 4, 2001 you requested a classification ruling. The samples will be returned to you as requested.

Four samples of earmuffs were submitted with your request. The earmuffs have an internal plastic ear frame and are designed to be worn directly on the ear. Styles C11A-0392 is composed of plush knitted 100% polyester fabric. Style C11A-0393 is composed of fleece knit 100% polyester fabric. Style C11A-0394 is stated to be composed of 100% knitted polyester fabric. Style C11A-0395 is composed of suede and fabric; the suede imparts the essential character.

The applicable subheading for styles C11A-0392, C11A-0393 and C11A-0394 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: Other, Of man-made fibers: Other.” The duty rate will be 14.8% ad valorem.

The applicable subheading for style C11A-0395 will be 4203.40.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Articles of apparel and clothing accessories, of leather or of composition leather: Other clothing accessories: Other.” The duty rate will be Free.

Styles C11A-0392, C11A-0393 and C11A-0394 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 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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