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NY L84153




April 22, 2005

CLA-2-65:RR:NC:N3:353 L84153

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.6090

Ms. Lorianne Aldinger
Rite Aid Corp.
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a hat, scarf and glove set from China.

Dear Ms. Aidinger:

In your letter dated April 12, 2005 you requested a classification ruling. The sample will be returned to you as requested.

The submitted sample, item 942398 identified as “Scarf Set Women’s w/Snowflake Embroidery” consists of a hat, scarf and gloves. The hat, scarf and gloves are composed of knit fleece 100% polyester fabric. The hat is a watch cap style with a cuff. The scarf measures approximately 54” long and 9” wide, and the gloves have fourchettes and a cuff. All three items are embroidered with a snowflake.

Neither article imparts the essential character of the set, which will be classified in accordance with General Rule of Interpretation (GRI) 3 (c) under the heading that occurs last in numerical order in the HTS.

The applicable subheading for the “Scarf Set Women’s w/Snowflake Embroidery, item 942398 will be 6505.90.6090, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for "Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabricwhether 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: Other: Other." The rate of duty will be 20 cents per kilogram plus 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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