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NY L80998




November 30, 2004

CLA-2-65:RR:NC:3:353 L80998

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.1540; 6505.90.6090

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

RE: The tariff classification of balaclavas from China.

Dear Mr. Sachs

In your letter dated November 17, 2004, you requested a classification ruling.

You have submitted two samples. Style 41-979-BLK is a balaclava composed of knit 90% cotton and 10% spandex fabric. The item is a snug fitting cap that covers the neck and a portion of the face.

Style 41-979-MO is a balaclava composed of knit 90% polyester and 10% spandex print camouflage fabric. The item is a snug fitting cap that covers the neck and a portion of the face.

The applicable subheading for style 41-979-BLK will be 6505.90.1540, 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. . . .: other: of cotton, flax or both: knitted of cotton: other: other. The duty rate will be 7.9 percent ad valorem.

The applicable subheading for style 41-979-MO 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. . . .: 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 kilogram plus 7 percent ad valorem.

Style 41-979MO falls within textile category designation 659. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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