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NY K89794





October 6, 2004

CLA-2-62:RR:NC:3:353 K89794

CATEGORY: CLASSIFICATION

TARIFF NO.: 6217.10.9510, 6217.10.9530

Mr. Ron Sachs
Jacob Ash Holdings, Inc.
301 Munson Ave.
McKees Rocks, PA 15136

RE: The tariff classification of hand warmers from China.

Dear Sachs:

In your letter dated September 20, 2004 you requested a classification ruling. The samples will be returned to you as requested.

Two samples of hand warmers were submitted with your request. Style 36-400-BLK is composed of woven 100% cotton fabric with a fleece lining, interior pocket for a disposable hand warmer and an adjustable webbed belt with a plastic clasp. This item will also be imported in styles 36-400-BRN, 36-400-HW, 36-400-HWG, 36-400-BLZ, 36-400-MO and 36-400-AT which is identical to 36-400-BLK with the only difference being color.

Style 36-401, camouflage pattern is composed of woven 100% polyester fabric with a fleece lining, interior pocket for a disposable hand warmer and an adjustable webbed belt with a plastic clasp. This item will also be imported in styles 36-401-HW, 36-401-HWG, 36-401-MO and 36-401-AT which are identical to 36-401 with the only difference being color.

The applicable subheading for styles 36-400-BLK, 36-400BRN, 36-400-HW, 36-400-HWG, 36-400-BLZ, 36-400-MO and 36-400-AT will be 6217.10.9510, Harmonized Tariff Schedule of the United States (HTS), which provides for "Other made up clothing accessoriesAccessories: Other: Other, Of cotton." The duty rate will be 14.6% ad valorem. The textile category designation is 359.

The applicable subheading for styles 36-401, 36-401-HW, 36-401-HWG, 36-401-MO and 36-401-AT will be 6217.10.9530, Harmonized Tariff Schedule of the United States (HTS), which provides for "Other made up clothing accessories; Accessories: Other: Other, Of man-made fibers.” The duty rate will be 14.6% ad valorem. The textile category designation is 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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