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NY J84090




June 5, 2003

CLA-2-65:RR:NC:3:353 J84090

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.6090

Mr. Charles D. Ashear
Paris Asia, Ltd.
350 Fifth Avenue
Floor 70
New York, NY 10118

RE: The tariff classification of a hat, glove and scarf set from China.

Dear Mr. Ashear:

In your letter dated May 7, 2003, you requested a classification ruling. As requested the sample will be returned to you.

Your submitted sample, style 8302003 is a girls’ 100% polyester fleece knit jester style hat featuring ear covering and 2 tassels attached to the peaks of the hat and is not in part of braid. The gloves are 100% knit polyester fleece knit half-fingered gloves, with a moveable mitten top which covers the exposed part of the fingers. The top is secured by hook and loop fasteners and the glove has an elasticized wrist. The 100% polyester fleece knit scarf measures approximately 54” in length and 12” in width. The scarf features cut fringes on the long side. The goods are put up as a set for retail sale. These sets will be available in assorted solid colors. Neither the gloves, scarf or the hat impart the essential character of the item.

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 style 8302003 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 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 gloves and the scarf in the set are not subject to quota or 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 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,

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