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NY K83283




March 11, 2004
CLA-2-61.63:RR:NC:3:353 K83283

CATEGORY: CLASSIFICATION

TARIFF NO.: 6117.80.9540; 6307.90.9889

Mr. James E. Unger
CBC Customhouse Brokers, Inc.
P.O. Box 646
Wood Dale, IL 60191

RE: The tariff classification of ear warmer and sweatbands from China.

Dear Mr. Unger:

In your undated letter, received by this office on February 23, 2004, on behalf of Global Sourcing Connection, you requested a classification ruling. As requested, the samples will be returned to you.

You have submitted three samples. The ear warmer is claimed by you to be composed of knit fleece acrylic fiber fabric. The item wraps securely behind the head and features a sewn on plastic “Miller Lite” logo on one ear. You state this item is classifiable under heading 6307, HTS, however that heading covers textile articles that are not provided for elsewhere in the tariff. The ear warmer is more specifically classified as a clothing accessory in heading 6117.

The sweat wristband and sweat headband is claimed by you to be composed of knit cotton fabric. The wristband measures approximately 3 inches wide, while the headband measures approximately 2 ¼ inches wide and both have an embroidered patch with the “Gatorade” logo. The primary purpose of the items is to collect sweat. Therefore, they are not classifiable under heading 6117 as clothing accessories.

The applicable subheading for the ear warmer will be 6117.80.9540, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up clothing accessories, knitted or crocheted; knitted or crocheted parts of garments or clothing accessories: other accessories: other: other, of man-made fibers: other. The duty rate will be 14.6 percent ad valorem.

The applicable subheading for the sweat headband and wristbands will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles, including dress patterns: other: other, other: other. The duty rate will be 7 percent ad valorem.

The ear warmer falls within textile category designation 659. Based upon international textile trade agreements products of China are 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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