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NY J86179




July 1, 2003

CLA-2-65:RR:NC:3:353 J86179

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.6040

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

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

Dear Mr. Ashear:

In your letter dated June 12, 2003 you requested a classification ruling. The sample will be returned to you as requested.

The submitted sample, style 9570 is a hat and scarf set made of knit 70% acrylic/30% wool fabric. The scarf measures approximately 84” in length and 14” width with fringe at each end. The hat is styled to fit snug to the head. The scarf and hat set will be package and sold at retail as a set.

Neither the hat or scarf imparts the essential character of the 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 hat and scarf set, style 9570 will be 6505.90.6040, 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 fabricwhether 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: Containing 23 percent or more by weight of wool or fine animal hair.” The duty rate will be 22 cents per kilogram plus 7.7% ad valorem.

Style 9570 falls within textile category designation 459. 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 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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