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NY J87081





August 13, 2003

CLA-2-62:RR:NC:3:353 J87081

CATEGORY: CLASSIFICATION

TARIFF NO.: 6217.10.8500

Mr. Miguel Rivera
American Cargo Express
435 Division Street
Elizabeth, NJ 07201

RE: The tariff classification of sport headbands from India.

Dear Mr. Rivera:

In your letter dated August 7, 2003, on behalf of Frank Giole & Associates, you requested a tariff classification ruling. As requested the samples will be returned to you.

You have submitted two samples. The samples are 100% cotton woven headbands. The sport headbands measure approximately 35 inches long and 2 inches wide and tie around the back of the head. The items are printed with the names and logos of baseball teams.

We agree with the broker’s classification as a headband. These items are not considered headgear under 6505, HTS, as they do not cover the head and are not shaped for the head.

The applicable subheading for the headbands will be 6217.10.8500, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up clothing accessories: parts of garments or of clothing accessories, other than those of heading 6212: accessories: headbands, ponytail holders and similar articles. The rate of duty will be 14.7 percent ad valorem.

The items are not subject to quota or visa requirements from India.

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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