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NY K80751





December 8, 2003
CLA-2-65:RR:NC:3:353 K80751

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.2060, 6211.43.0091, 4202.92.6091

Mr. Joel G. McClure
Restoration Hardware
2391 West Winton Ave.
Hayward, CA 94545

RE: The tariff classification of a Gardening hat, apron and bag from India.

Dear Mr. McClure:

In your letter dated November 21, 2003 you requested a classification ruling.

The submitted samples are a Gardening hat, apron and bag in Eucalyptus color made of woven 100% cotton canvas fabric. Style 4295-0078, hat, style 4295-0081 apron and 4295-0076 is the bag. The bucket style hat has a flat top and approximately a 2 ½” brim. The bib-style apron has a textile neck strap with a metal buckle, textile waist ties and a chest pocket and three pockets at the front of the apron. The garden tote bag has two pockets on each side and each end plus pockets on the inside and textile handles.

You state that you will be importing Garden hats, aprons and bags identical to the above in fabric content and style. The style numbers will correspond to the color of the hat, apron and bag; styles 4295-0079 hat, Artichoke, 4295-0082, apron Artichoke, 4295-0075 bag, Artichoke; styles 4295-0080, hat, Chamois, 4295-0083 apron, Chamois, 4295-0077 bag Chamois.

The applicable subheading for the hats, styles 4295-0078, 4295-0079 and 4295-0080 will be 6505.90.2060, Harmonized Tariff Schedule of the United States (HTS), which provides for “Hats and 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 . . .: Other: Of cotton . . .: Not knitted . . .: headwear of cotton, Other.” The duty rate for 2003 will be 7.6 percent ad valorem and 7.5 percent for 2004. The textile category is 359. Currently, there is no quota or visa requirements on this item.

The applicable subheading for the aprons, styles 4295-0081, 4295-0082 and 4295-0083 will be 6211.42.0081, Harmonized Tariff Schedule of the United States (HTS), which provides for “Track suits, ski-suits and swimwear; other garments, women’s or girls’: Of cotton, Other.” The duty rate for 2003 will be 8.2 percent ad valorem and 8.1 percent for 2004. The textile category designation is 359. This merchandise is subject to quota and the requirement of visa.

The applicable subheading for the Garden Tote bags, styles 4295-0076, 4295-0075 and 4295-0077 will be 4202.92.6091, Harmonized Schedule of the United States (HTS), which provides for “Trunks, suitcases jewelry boxes and similar containers, with outer surface of textile materials, Other, Of cotton, Other.” The duty rate will be 6.4 percent ad valorem for 2003 and 6.3 percent for 2004. The textile category designation is 369. Currently there is no quota or visa requirements on this item.

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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