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NY I86456




October 4, 2002

CLA-2-61:RR:NC:3:353 I86456

CATEGORY: CLASSIFICATION

TARIFF NO.: 6117.80.9540

Mr. Robert Murphy
Seirus Innovation
13975 Danielson
Poway, CA 92064

RE: The tariff classification of a facemask from Taiwan.

Dear Mr. Murphy:

In your letter dated August 29, 2002, you requested a classification ruling.

Your submitted sample, style 2707 “Ultramask” is a fleece lined neoprene facemask with a fleece neck warmer. The knit fleece material is made of 100% polyester fabric. The product is designed for cold weather face protection during skiing or other winter activities.

The applicable subheading for style 2707 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 accessories: other: other, of man-made fibers: other. The rate of duty will be 14.8 percent ad valorem.

Style 2707 falls within textile category designation 659. Based upon international textile trade agreements products of Taiwan 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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