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NY I83265




July 2, 2002

CLA-2-65:RR:NC:3:353 I83265

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.6090

Mr. John Pellegrini
Ross & Hardies
65 East 55th St.
New York, NY 10022-3219

RE: The tariff classification of balaclavas from China.

Dear Mr. Pellegrini:

This ruling letter replaces ruling NYH87350 dated February 12, 2002, on behalf of Paris Asia Ltd. that contained a clerical error (i.e.) incorrect style number and duty rate.

The submitted sample, style 382202 is a balaclava composed of knit polyester fabric. The balaclava fits snug over the head, extends to the shoulder and has a camouflage pattern. You state that you will also be importing styles 381202, 383202, 384202 and 387202 and that they are identical in to the submitted sample with the exception of the pattern.

The applicable subheading for the balaclavas, styles 382202, 381202, 383202, 384202 and 387202 will be 6505.90.6090, Harmonized Tariff Schedule of the United States (HTS), which provides for “Hats and other headgear, knitted or crocheted,whether 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/kg + 8.4% ad valorem.

The balaclavas 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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