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NY J89068





October 29, 2003

CLA-2-65:RR:NC:3:353 J89068

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.6090, 6117.10.2030, 6116.93.9400, 4202.92.3031

Ms. Kate Kohmann
Limited Brands Logistics Services
Four Limited Parkway
Reynoldsburg, OH 43068-5300

RE: The tariff classification of a hat, scarf, gloves and travel bag from China.

Dear Ms. Kohmann:

This ruling replaces NY J88501, dated October 3, 2003, on behalf of Bath and Body Works. You have informed us that all the items will be constructed of knit rather than woven fabric.

The submitted sample is a Style Number 33711, which you state will be sold as a set in retail stores. Style Number 33711 consists of a hat, scarf and gloves inside a travel bag, all of which are constructed of knit 100% polyester fleece fabric. The six-panel hat features a 3-inch upturn. The scarf measures approximately 8½ inches by 54 inches with a 3-inch self-fabric fringe at each end. The gloves have fourchettes. The travel bag measures approximately 12 inches by 14 inches when laid flat and features two drawstrings that are used as carrying straps.

You request classification of the hat, scarf and gloves as “goods put up in sets for retail sale,” with the travel bag separately classified under heading 4202. However, because the travel bag in not considered normal packing and is separately classifiable, Style Number 33711 is no longer considered a set for retail sale for Customs purposes.

The applicable subheading for the Style Number 33711 hat will be 6505.90.6090, Harmonized Tariff Schedule of the United States (HTS), which provides for other knitted or crocheted hats and headgear of man made fibers. The duty rate will be 22 cents per kilogram plus 7.7% ad valorem. The textile category designation is 659.

The applicable subheading for the Style Number 33711 scarf will be 6117.10.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for knitted or crocheted shawls, scarves, mufflers, mantillas, veils and the like of man-made fibers. The duty rate will be 11.4% ad valorem. The textile category designation is 659.

The applicable subheading for the Style Number 33711 gloves will be 6116.93.9400, Harmonized Tariff Schedule of the United States (HTS), which provides for other gloves, mittens and mitts, knitted or crocheted, of synthetic fibers, with fourchettes. The duty rate will be 18.7% ad valorem. The textile category designation is 631.

The applicable subheading for the Style Number 33711 travel bag will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sport and similar bags with an outer surface of man-made fiber textile materials. The duty rate will be 17.8% ad valorem. The textile category designation is 671.

China is a member of the World Trade Organization (WTO), and the scarf, gloves and travel bag are not currently subject to quota or the requirements of a visa. However, based upon international textile trade agreements the hat is 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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