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NY K88829




September 16, 2004

CLA-2-61:RR:NC:3:353: K88829

CATEGORY: CLASSIFICATION

TARIFF NO.: 6117.80.9540

Ms. Melissa Fox
Barthco International, Inc.
721 Chestnut Street
Philadelphia, PA 19106

RE: The tariff classification of a knee warmer from China.

Dear Ms. Fox:

In your letter dated August 23, 2004, on behalf of Anne Reisner, you requested a classification ruling.

The submitted sample is a Knee Warmer that is constructed of knit 70% polypropylene, 16% polyurethane, and 14% rubber fabric. The item is tubular-shape with a curve in the middle to accommodate the knee, and measures approximately 11inches x 4¾ inches when lying flat. You state in the request for the ruling that the curve-shaped knee warmer is designed to provide warmness to knees and relieve discomfort caused by cold weather and dampness. You provided further information by telephone, where you informed this office that no medical claims would be made for the item, just that it was to be used for warmth. You also informed us that the item would likely be marketed as “Warm Knees,” sold on the Internet and possibly sold to department stores.

The applicable subheading for the Knee Warmer will be 6117.80.9540, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other made-up clothing accessories, knitted or crochetedOther: Other, Of man-made fibers: Other.” The duty rate will be 14.6% ad valorem.

The Knee 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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