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NY L82667




March 3, 2005

CLA-2-65:RR:NC:N3:353 L82667

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.5090

Mr. Charles Ashear
Paris Asia, Ltd.
350 Fifth Ave., Floor 70
New York. 10118

RE: The tariff classification of a balaclava from China.

Dear Mr. Ashear:

In your letter dated February 14, 2005 you requested a tariff classification ruling. The sample will be returned to you as requested.

The submitted sample, style 16150101 is a balaclava composed of knit polyester fabric. The balaclava is a hood-like item that is snug-fitting and covers the head, neck, and a portion of the face.

You state that you will also import styles 16150103 and 16150109 and that they are identical in fabric cont and style with the exception of the camouflage pattern.

The applicable subheading for the balaclavas, styles 16150101, 16150103 and 16150109 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 textile category designation is 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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