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NY H87723




February 25, 2002

CLA-2-65:RR:NC:3:353 H87723

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.6090

Ms. Wendy Yeh
Disguise, Inc.
11906 Tech Center Court
Poway, CA 92064-7139

RE: The tariff classification of hoods from Sri Lanka.

Dear Ms. Yeh:

In your letter dated February 11, 2002 you requested a classification ruling. The samples will be returned as you requested.

The submitted samples are Style #s 4500 Bat Capelet with Hood, 4502 Dragon Capelet with Hood, 4503 Shark Capelet with Hood, 4504 Sorcerer Capelet with Hood and 4505 Unicorn Capelet with Hood. All the items are hoods that cover the shoulder in a cape-like fashion, are lined and feature a string tie for securing under the chin.

Item # 4500 Bat Capelet with Hood is constructed of knit acrylic faux fur fabric with a stuffed “bat” head at the top of the hood. Item # 4502 Dragon Capelet with Hood is constructed of knit polyester fabric that resembles reptile skin with a stuffed “dragon” head at the top of the hood. Item # 4503 Shark Capelet with Hood is constructed of knit acrylic faux fur fabric with a stuffed “shark” head at the top of the hood. Item # 4504 Sorcerer Capelet with Hood is constructed of knit polyester fabric with a “sorcerer’s hat” at the top of the hood. Item # 4505 Unicorn Capelet with Hood is constructed of knit acrylic faux fur fabric with a stuffed “unicorn” head at the top of the hood.

The Explanatory Notes (EN) constitute the official interpretation of the Harmonized System at the international level. The General Explanatory Note to Chapter 65 states “this Chapter covers hat-shapes, hat-forms, hat bodies and hoods, and hats and other headgear of all kinds, irrespective of the materials of which they are made and of their intended use (daily wear, theatre, disguise, protection, etc.).”

The applicable subheading for the Style #s 4500 Bat Capelet with Hood, 4502 Dragon Capelet with Hood, 4503 Shark Capelet with Hood, 4504 Sorcerer Capelet with Hood, and 4505 Unicorn Capelet with Hood will be 6505.90.6090, Harmonized Tariff Schedule of the United States (HTS), which provides for “Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabricwhether or not lined or trimmed: Other: Of man-made fibers: Knitted or crocheted or made up from knitted or crocheted fabric: Not in part of braid, Other: Other: Other.” The duty rate will be 23.9 cents per kilogram plus 8.4% ad valorem..

Style #s 4500 Bat Capelet with Hood, 4502 Dragon Capelet with Hood, 4503 Shark Capelet with Hood, 4504 Sorcerer Capelet with Hood and 4505 Unicorn Capelet with Hood fall within textile category designation 659. Based upon international textile trade agreements products of Sri Lanka are not subject to quota, but are subject to 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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