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NY K85097




April 28, 2004
CLA-2-61:RR:NC3:353 K85097

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3020, 6117.80.8500, 6505.90.6090, 6505.90.5090, 6117.10.2030, 9821.11.25

Mr. Geoffrey Rhodes
Neckworks
435 Ivyland Road
Ivyland, PA 18974

RE: The tariff classification and status under the Andean Trade Promotion and Drug Eradication Act (ATPDEA) of a sweater, headband, scarf and hats from Peru.

Dear Mr. Rhodes:

In ruling letter NY K83963, dated April 5, 2004, this office classified a sweater, headband, scarf and hats from Peru, and commented on their eligibility under the Andean Trade Promotion and Drug Eradication Act (ATPDEA). You have informed us that the fabric content for all five items has changed. This ruling addresses the classification of the items with the changed fiber content and their eligibility under APTDEA.

The submitted samples are Styles 49059 Sweater, 49052 Headband, 49054 Cuff Hat, 49057 Flap Hat and 49050 Scarf. All five items are knit and constructed of 80% Acrylic, 15% Alpaca and 5% Wool. The Style 49059 Sweater is made from knitted fabric that has nine or fewer stitches per two centimeters measured in the direction in which the stitches were formed. The sweater features a rolled neck and decorative embroidery, spangles and short pieces of chain at the chest. The Style 49052 Headband, lined with polyester fleece fabric, is 3½ inches wide, encircles the head and is used for warmth. The Style 49054 Cuff Hat is lined with polyester fleece fabric and features a pom-pom on top. The Style 49057 Flap Hat is a native-style hat lined with polyester fleece fabric and features two pom-poms on top and highly decorative faux chinstraps of braid with a pom-pom at the end. The Style 49050 Scarf measures approximately 72 x 7 inches and features tassels at the ends.

The applicable subheading for the Style 49059 Sweater will be 6110.30.3020, Harmonized Tariff Schedule of the United States (HTS), which provides for ”Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: Of manmade fibers: Other: Other: Other, Other: Sweaters: Women’s.” The general rate of duty will be 32% ad valorem. The textile category designation is 646.

The applicable subheading for the Style 49052 Headband will be 6117.80.8500, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other made up clothing accessories, knitted or crochetedOther accessories: Other: Headbands, ponytail holders and similar articles.” The general rate of duty will be 14.6% ad valorem.

The applicable subheading for the Style 49054 Cuff 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 fabricOf man-made fibers: Knitted or crocheted or made up from knitted or crocheted fabric: Not in part of braid, Other: Other: Other.” The general rate of duty will be 20 cents per kilogram plus 7% ad valorem. The textile category designation is 659.

The applicable subheading for the Style 49057 Flap Hat 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 fromother textile fabricOf man-made fibers: Knitted or crocheted or made up from knitted or crocheted fabric: Wholly or in part of braid, Other: Other.” The rate of duty will be 6.8% ad valorem. The textile category designation is 659.

The applicable subheading for the Style 49050 Scarf will be 6117.10.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for “Shawls, scarves, mufflers, mantillas, veils and the like: Of man-made fibers, Other.” The general rate of duty will be 11.3% ad valorem.

Style 49059 Sweater falls within textile category designation 646. Style 49054 Cuff Hat falls within textile category designation 659. Style 49057 Flap 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 49052 Headband and 49050 Scarf.

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. .

. Regarding eligibility under the APTDEA, you have informed us that for the above named styles:

All fiber and yarn is manufactured in Peru All fabric is formed in Peru
All knit-to-shape portions are formed in Peru All items are assembled in Peru
All labels are manufactured in Peru
All labels are sewn-in in Peru

Peru is subject to the ATPDEA in accordance with General Note 1 to Subchapter 9821. Based on the information that you supplied, and provided all requirements are met, the submitted sweater, headband, scarf and hats are eligible for duty free treatment under subheading 9821.11.25, HTSUS, which provides for: Apparel articles sewn or otherwise assembled in one or more such countries from fabrics or from fabric components formed or from components knit-to-shape in one or more such countries, from yarns wholly formed in the United States or in one or more such countries (including fabrics not formed from yarns, if such fabrics are classifiable in heading 5602 or 5603 of the tariff schedule and are formed in one or more such countries); the foregoing apparel articles imported under the terms of U.S. note 3(d) and U.S. note 3(e) to this subchapter.

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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