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NY K83171




February 18, 2004
CLA-2-65:RR:NC:3:353 K83171

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.5090

Mr. Charles D. Ashear
Paris Asia, Ltd.
350 Fifth Ave. Fl 70
New York, NY 10118

RE: The tariff classification of a balaclava from Bangladesh.

Dear Mr. Ashear:

In your letter dated February9, 2004, on behalf of Wal-Mart Stores, Inc., you requested a classification ruling. The sample will be returned to you as requested.

The submitted sample style 16340101 is a balaclava consisting of knit polyester fleece with a camouflage pattern. The balaclava is a hood-like item that is snug-fitting and covers the head, neck and a portion of the face. The item also features a braided drawstring around the hood portion and an internal tube that provides additional protection for the neck and the bottom portion of the face. You state that you will also be importing two other styles, 16340103 and 16340109 and that they are identical in fabric content to style 16340101. The difference will be the pattern.

The applicable subheading for styles 16140101, 16140103 and 16140109 the balaclavas will be 6505.90.5090, Harmonized Tariff Schedule of the United States (HTS), which provides for “Hats and other headgear, knitted or crocheted, or made up from lacewhether or not lined or trimmed: Other: of man-made fibers: Knitted or crocheted or made up from knitted or crocheted fabric: Wholly or in part of braid, Other: Other.” The duty rate will be 6.8% ad valorem. The textile designation is 659.

Based upon international textile trade agreements products of Bangladesh are not subject to quota but are subject to 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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