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NY L80767




November 30, 2004

CLA-2-61:RR:NC:3:353 L80767

CATEGORY: CLASSIFICATION

TARIFF NO.: 6117.80.9540

Mr. Stephen M. Zelman
Stephen M. Zelman & Assoc.
888 Seventh Ave., Suite 4500
New York, New York 10160

RE: The tariff classification of a neck gaiter and neck gaiter with dickie attached from China.

Dear Mr. Zelman:

In your letter dated November 12, 2004, on behalf Fownes Brothers & Co., Inc., requested a classification ruling. The samples will be returned to you as requested.

The submitted samples are a neck gaiter and neck gaiter with dickie composed of knit 100% polyester fabric. Style 1009, neck gaiter is shaped as a tube, when flattened. It is rectangular in shape and measures approximately 10” by 9”.

Style 1010 is a neck gaiter with dickie, shaped as a tube with fabric measuring 9” by 3 ½” for the chest area. The tubular portion covers the neck, the semi-circular portions fit under the wearer’s shirt or sweater, making for a better seal against the elements.

The applicable subheading for styles 1009 and 1010 will be will be 6117.80.9540, Harmonized Tariff Schedule of the United States (HTS), which provides for "Other made up clothing accessories knitted or crochetedOther accessories: Other, Of man-made fibers: Other." 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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