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NY L82347




March 2, 2005

CLA-2-65:RR:NC:3:353 L82347

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.5090, 6505.90.6090, 6117.80.9540

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

RE: The tariff classification of hood, hats and neck gaiter from China.

Dear Mr. Sachs:

In your letter dated February 22, 2005 you requested a classification ruling.

Six samples were submitted with your request. Style 40-379-IO, 4-in-1 knit polyester fleece fabric hood with braided draw-cord. The item can be worn as a neck gaiter, hat muzzle/mask or hood.

Style 46914-MO, knit polyester fabric hat with waterproof/breathable membrane.

Style 46-378-IO, knit polyester fleece fabric neck gaiter with toggle pull braided draw-cord. The neck gaiter is shaped on both sides and loose at the bottom. It is designed specifically to be used as a neck gaiter.

Style 46-112-G, face mask made of knit polyester fleece fabric with a hook and loop fastener with openings for eyes and nose.

Style 46-414-MO, reversible hat made of knit polyester fleece fabric on both sides.

  The applicable subheading for style 40-379-IO, hood will be 6505.90.5090, 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 fabricOther: Of man-made fibers: Knitted or crocheted or made up from knitted or crocheted fabric: Wholly or in part of braid, Other: Other.” The duty rate will be 6.8% ad valorem.

The applicable subheading for style 46-914-MO, waterproof hat and 46-414-MO reversible hat, 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/kg + 7% ad valorem.

The applicable subheading for the styles 46-378-IO, neck gaitor and 46-112-G, face mask 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." The duty rate will be 14.6% ad valorem.

As per the Binding Rulings Program requests will contain a maximum of 5 items in order to be accepted. We cannot classify style 44-767. You must resubmit the request for this item.

Styles 40-379-IO, 46-914-MO, 46-378-IO, 46-112-G and 46-414-MO fall 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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