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NY K82922




February 24, 2004

CLA-2-61:RR:NC:3:353 K82922

CATEGORY: CLASSIFICATION

TARIFF NO.: 6117.10.2030, 6505.90.6090, 6116.93.8800, 6116.93.6400

Ms. Angela Sharman
John A. Steer Co.
408 Elmwood Ave.
Folcroft, PA 19079

RE: The tariff classification of a scarf, hat and gloves from Peru.

Dear Ms. Sharman:

In your letter dated January 29, 2004, on behalf of Networks Inc., you requested a tariff classification ruling.

The submitted samples are Styles 49170 Scarf, 49175 Hat, 49173 Glove and 39051 Mitten. The Style 49170 Scarf is knit, constructed of 80% acrylic, 14% alpaca and 6% wool, and measures approximately 84 x 6½ inches. The Style 49175 Hat is knit, and constructed of 80% acrylic, 14% alpaca and 6% wool. The watch-style cap features an upturned open work knit cuff and fits snuggly to the head. The Style 49173 Glove is knit, constructed of 80% acrylic, 14% alpaca and 6% wool, and features an open work knit cuff. The Style 39051 mitten is knit and constructed of 53% acrylic, 37% alpaca and 10% wool.

The applicable subheading for the Style 49170 Scarf will be 6117.10.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other made up clothing accessories, knitted or crochetedShawls, scarves, mufflers, mantillas, veils and the like: Of man-made fibers, Other.” The general duty rate will be 11.3% ad valorem.

The applicable subheading for the Style 49175 Hat 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 fromother textile fabric Of man-made fibers: Knitted or crocheted or made up from knitted or crocheted fabric: Not in part of braid, Other: Other: Other." The general duty rate will be 20 cents per kilogram plus 7% ad valorem. The textile category designation is 659.

The applicable subheading for the Style 49173 Glove will be 6116.93.8800, Harmonized Tariff Schedule of the United States (HTS), which provides for “Gloves, mittens and mitts, knitted or crocheted: Other: Of synthetic fibers: Other: Other: Without fourchettes.” The general duty rate will be 18.6% ad valorem.

The applicable subheading for the Style 39051 Mitten will be 6116.93.6400, Harmonized Tariff Schedule of the United States (HTS), which provides for “Gloves, mittens and mitts, knitted or crocheted: Other: Of synthetic fibers: Other: Containing 23 percent or more by weight of wool or fine animal hair: Without fourchettes.” The general duty rate will be 31 cents per kilogram plus 6.9% ad valorem.

The Style 49175 Hat falls within textile category designation 659. Based upon international textile trade agreements products of Peru are not subject to quota, but are subject to the requirement of a visa.

There are no quota restrictions or visa requirements on Styles 49170 Scarf, 49173 Glove and 39051 Mitten..

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.

You ask if the merchandise is subject to antidumping or countervailing duties. Scarves, hats, gloves and mittens are not subject to antidumping or countervailing duties.

Please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item.

. Your inquiry does not provide enough information for us to give a ruling on eligibility for duty free treatment under the Andean Trade Promotion and Drug Eradication Act (ATPDEA). You must provide information regarding the entire production of each item. Your request for an ATPDEA determination should include information on where each yarn was formed, where the fabrics were formed, where any knit-to-shape portions were formed, and where the items were assembled. Please supply information regarding the origin of any sewn-in label, and its assembly onto the article.

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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