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NY L81340




December 29, 2004

CLA-2-61:RR:NC:3:353 L81340

CATEGORY: CLASSIFICATION

TARIFF NO.: 6117.80.9540

Ms. Linda Smith
Mr. John S. Connor, Inc.
799 Cromwell Park Dr., Suites A-G
Glen Burnie, MD 21061

RE: The tariff classification of ear warmers from an undetermined country.

Dear Ms. Smith:

In your letter dated November 18, 2004, on behalf of 180’s LLC, you requested a classification ruling.

The submitted sample is ear warmers made of knit 100% polyester fabric. The item has a plastic band that fits across the back of the head with the two ear warmers attached.

The applicable subheading for the ear warmers 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: Other, Of man-made fibers: Other."

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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