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NY L83726





April 19, 2005

CLA-2-61:RR:NC:N3:353 L83726

CATEGORY: CLASSIFICATION

TARIFF NO.: 6117.80.8500, 6505.90.6045, 6505.90.6090

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

RE: The tariff classification of a headband, visor and hats from China.

Dear Mr. Sachs:

In your letter dated March 31, 2005 you requested a classification ruling. The samples will be returned to you as requested.

Four samples were submitted with your request.

Style 44-767 is a headband composed of knit fleece man made fiber fabric. The headband has a spandex binding and measures approximately 4” in wide over the ear area, and narrowing to approximately 2 ½” in the front.

Style 45-410 is a visor composed of knit polyester fabric with a peak and an adjustable textile strap at the back.

Style 45-956 is a knit polyester fleece fabric cap with a peak and earflaps.

Style 75-014 is a beanie style hat composed of knit polyester fleece fabric.

You state that the above styles will be imported is several camouflage styles consisting of the same fabric content.

The applicable subheading for style 44-767, headband will be 6117.80.8500, Harmonized Tariff Schedule of the United States (HTS), which provides for "Other made up clothing accessories, knitted or crochetedOther Accessories: Other: Headbands, ponytail holders and similar articles." The duty rate will be 14.6% ad valorem.

 The applicable subheading for the visor, style 45-410 will be 6505.90.6045, Harmonized Tariff Schedule of the United States (HTS), which provides for "Hats and other headgear, knitted or crocheted, of any material, whether or not lined or trimmed: Other: Of man-made fibers: Knitted or crocheted or made up from knitted or crocheted fabric: Not in part of braid, Other: visors, and other headgear which provides no covering for the crown of the head." The duty rate will be 20 cents/kg + 7% ad valorem. The textile category is 659.

The applicable subheading for the hats, styles 45-956 and 75-014 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, in the piece (but not in strips), whether or not lined or trimmed; hair-nets of any material, whether or not lined or trimmed: Other: Of man-made fibers: Not in part of braid, Other: Other." The duty rate will be 20 cents/kg + 7% 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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