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NY K86123





June 10, 2004
CLA-2-65;61;63:RR:NC:3:353 K86123

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.6090; 6307.90.9889; 6117.10.2030

Ms. Francine Marcoux
Hampton Direct
350 Pioneer Drive
P.O. Box 1199
Williston, VT 05495

RE: The tariff classification of hoods, knee warmers and a shawl from China.

Dear Ms. Marcoux:

In your letter dated May 11, 2004, you requested a classification ruling. As requested the samples will be returned to you.

You have submitted three samples. Style 11637 (Ivory) is a knit acrylic hood wrap. The hood-style hat has a cuff around the face and features scarf-like ties at the neck. You have submitted photos of Styles 11638 (Black) and 11639 (Tan) which are identical to Style 11637, except for the color.

Style 11632 is a pair of knit acrylic knee warmers. The item slips on the leg and fits closely from mid-calf to mid-thigh.

Style 17420 is a polyester knit fleece shawl. It measures 54 inches in length and 24 inches in width. The bottom of the shawl has pockets.

The applicable subheading for styles 11637, 11638 and 11639 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 duty rate will be 20 cents per kg. plus 7 percent ad valorem.

The applicable subheading for style 11632 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 applicable subheading for style 17420 will be 6117.10.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up clothing or accessories, knitted or crocheted; knitted or crocheted parts of garments or clothing accessories: shawls, scarves, mufflers, mantillas, veils and the like: of man-made fibers, other. The rate of duty will be 11.3 percent ad valorem.

Styles 11637, 11638 and 11639 fall 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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