United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2003 NY Rulings > NY J83927 - NY J83968 > NY J83968

Previous Ruling Next Ruling
NY J83968




May 15, 2003

CLA-2-65:RR:NC:3:353 J83968

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.6090; 6204.69.9044

Mr. David Wei
Caddis America, Inc.
81 Romaine Avenue
Suite 7
Jersey City, NJ 07306

RE: The tariff classification of a hat and scarf set and girls’ jeans from China.

Dear Mr. Wei:

In your letter dated April 22, 2003, you requested a classification ruling.

You have submitted two samples. A hat and scarf set, featuring a girls’ acrylic knit hat that features a cuff and is not in part of braid. The scarf is knit acrylic and measures approximately 36 inches in length and 6 inches in width. The goods are put up as a set for retail sale. Neither the scarf or the hat impart the essential character of the item.

The second sample is a pair of girls’ jeans made from 40% cotton, 55% ramie and 5% spandex woven fabric.

In the case of the hat and scarf set GRI 3 (c) states: When goods cannot be classified in GRI 3(a) or GRI 3 (b), they shall be classified under the heading which occurs last in numerical order among those which equally merit consideration.

The applicable subheading for the scarf and hat set 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 fabric, in the piece (but not in strips), whether or not lined or trimmed; hair-nets of any material, 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 22 cents per kg. plus 7.7 percent ad valorem.

The applicable subheading for the jeans will be 6204.69.9044, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ suits, . . . trousers, bib and brace overalls, breeches and shorts: trousers, bib and brace overalls, breeches and shorts: of other textile materials: other, other: trousers and breeches. The duty rate will be 2.8 percent ad valorem.

The hat 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. China is a member of the World Trade Organization (WTO). Although the hat is subject to quota and the requirements of a visa, the scarf in the set is not subject to quota or the requirement of a visa.

The jeans fall within textile category designation 847. Based upon international textile trade agreements products of China are subject to the requirement of 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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,

Previous Ruling Next Ruling

See also: