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NY J87703




August 6, 2003

CLA-2-65:RR:NC:3:353 J87703

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.6090

Mr. Will van Beetz
Phoenix Int’l.
712 N. Central Ave.
Wood Dale, IL 60191

RE: The tariff classification of a make-up mask (Popover) from China.

Dear Mr. vanBeetz:

In your letter dated July 17, 2003, on behalf of Fromm Industries, you requested a classification ruling. The sample will be returned to you as requested.

The submitted sample, style 601 is a make-up mask identified as a Popover. The item is made of knit nylon net fabric. The “Popover” fits over the entire head and face extending to the neck and has a zipper at the back. Its main function is to protect clothing from getting soiled with make up.

You suggest that the “Popover” be classified 6505.10.0000 as a hairnet, however the item’s main function is to protect clothing from getting soiled with make-up. Protection of the hair is an ancillary use for the “Popover”.

The applicable subheading for the “Popover” make-up mask, style 601 will be 6505.90.6090, Harmonized Tariff Schedule of the United States (HTS), which provides for “Hats and other headgear, knitted 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/kg + 7.7% ad valorem.

Style 601 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.

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 Reidlinder at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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