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NY I89022




December 31, 2002

CLA-2-65:RR:NC:3:353 I89022

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.5090

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

RE: The tariff classification of a balaclava from Taiwan.

Dear Mr. Pellegrini:

In your letter dated December 2, 2002, on behalf of Paris Asia Ltd., you requested a classification ruling. The sample will be returned to you as requested.

The submitted sample, Style 16330103 is a balaclava composed of knit polyester fleece with a camouflage pattern. The item is snug fitting on the head and covers the neck and shoulders. The balaclava has a braided drawstring around the hood portion and a internal tube that provide additional protection for the neck and the bottom portion of the face. You state that you will also be importing Styles 16330101, 16330102, 16330104, 16330107 and 16330109 and that they are identical in Style 16130103 but for the camouflage pattern.

The applicable subheading for the balaclavas, Styles 16330101, 16330102, 16330103, 16330104, 16330107, and 16330109 will be 6505.90.5090, Harmonized Tariff Schedule of the United States (HTS), which provides for “Hats and other headgear, knitted or crochetedwhether or not lined or trimmed: Other: Of man-made fibers: Knitted or crocheted or made up from knitted or crocheted fabric: Wholly or in part of braid, Other: Other.” The duty rate will be 6.9% for 2002 and 6.8% ad valorem for 2003.

The balaclavas fall 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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