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NY K81373




December 10, 2003
CLA-2-65:RR:NC:3:353 K81373

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.6090

Ms. Anna Lynn
Augusta Sportswear
P.O. Box 14939
Augusta, GA 30919-0939

RE: The tariff classification of a hat, glove and scarf set from China or Macau.

Dear Ms. Lynn:

In your letter dated November 19, 2003, you requested a classification ruling. As requested the sample will be returned to you.

Your submitted sample, protocol #1921 is a 100% polyester fleece knit watch style hat. The gloves are 100% knit polyester fleece knit full-fingered gloves and the gloves have an elasticized wrist. The 100% polyester fleece knit scarf measures approximately 60” in length and 10-1/2” in width and has over-lock stitched edges. The goods are put up as a set for retail sale. Neither the gloves, scarf or the hat impart the essential character of the item.

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 protocol #1921 will be 6505.90.6090, 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 fabric, in the piece (but not in strips), whether or not lined or trimmed; hair-nets of any material, whether 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: other: other. The 2003 duty rate will be 22 cents per kg. plus 7.7 percent ad valorem. The 2004 duty rate will be 20 cents per kg. plus 7 percent ad valorem.

The hat falls within textile category designation 659. Based upon international textile trade agreements products of China and Macau are subject to quota and the requirement of a visa. China and Macau are members of the World Trade Organization (WTO). Although the hat is subject to quota and the requirements of a visa, the gloves and the scarf in the set are not subject to quota or 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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