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NY K88268





August 11, 2004
CLA-2-62:RR:NC:3:353 K88268

CATEGORY: CLASSIFICATION

TARIFF NO.: 6217.10.9530

Mr. Karl F. Krueger
Danzas Intercontinental
2660 20th Street
Port Huron, MI 48060

RE: The tariff classification of armband from China.

Dear Mr. Krueger:

In your letter dated July 22, 2004, on behalf of Advance International, Inc., you requested a classification ruling.

The submitted sample is an elasticized armband constructed of man-made fabric ribbon. Affixed by staples to the armband is a cardboard circle approximately 3 ¼ inches in diameter with the words “Kiss me I’m Irish”.

The item is not classifiable as a “festive article” of 9505.90.600, as you requested. The item is not limited to use on St. Patrick’s Day and is not used to decorate the home.

The applicable subheading for the armband will be 6217.10.9530, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212: accessories: other: other, of man-made fibers. The duty rate will be 14.6 percent ad valorem.

The armband 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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