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NY I83276




July 18, 2002

CLA-2-61:RR:NC:3:353 I83276

CATEGORY: CLASSIFICATION

TARIFF NO.: 6117.10.2030; 6301.40.0020; 6505.90.6090; 6116.93.8800

Ms. Louisa Fang
Festa International Corp.
220 North Mason Avenue
City of Industry, CA 917406

RE: The tariff classification of knit items from China.

Dear Mr. Fang:

In your letter dated June 24, 2002, you requested a tariff classification ruling.

The submitted sample, style 256, is a knit fleece 100% polyester acrylic scarf. The scarf is approximately 60 inches in length and 12 inches in width. The scarf features overlock stitching around the edges.

Style 257 is a 100% polyester knit fleece blanket. The blanket measures 50” x 60” and the edges are finished with overlock stitching.

Style 258 consists of a children’s hat, scarf and pair of mittens. The items are made of a 100% polyester knit fleece material.

The three piece set, style 258 meets the qualifications of “goods put up in sets for retail sale”. The components of the set consist of at least two different articles which are, prima facie, classifiable in different headings. They are put together to meet a particular need or carry out a specific activity. Since the components are equally important classification will be based on GRI 3(c), the heading that occurs last in numerical order in the HTS, which in this case is the classification for the hat.

Style 259 is a pair of 85% acrylic, 10% spandex and 5% elastane string knit gloves. The gloves feature a hemmed rib-knit cuff and are manufactured in adult sizes.

The applicable subheading for style 256 will be 6117.10.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up clothing or accessories, knitted or crocheted; knitted or crocheted parts of garments or clothing accessories: shawls, scarves, mufflers, mantillas, veils and the like: of man-made fibers, other. The rate of duty will be 11.4 percent ad valorem.

The applicable subheading for style 257 will be 6301.40.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up textile articles, blankets and traveling rugs: blankets (other than electric blankets) and travelling rugs, of synthetic fibers, other. The rate of duty will be 9.4 percent ad valorem.

The applicable subheading for Style 258 will be 6505.90.6090, Harmonized Tariff Schedule of the United States (HTS), which provides for hats and headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece (but not in strips), 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 per kilogram plus 8.4 percent ad valorem.

The applicable subheading for Style 259 will be 6116.93.8800, Harmonized Tariff Schedule of the United States (HTS), which provides for gloves, mittens and mitts, knitted or crocheted: other: of synthetic fibers: other: other: without fourchettes. The duty rate will be 18.8 percent ad valorem.

China is a member of the World Trade Organization (WTO), and styles 256, 257, the scarf and mittens from style 258 and style 259 are not subject to quota or the requirements of a visa.

Style 258 (the hat only) falls 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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