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NY L87506




September 16, 2005

CLA-2-62:RR:NC:3:353 L87506

CATEGORY: CLASSIFICATION

TARIFF NO.: 6213.20.2000

Ms. Sandy Stubblefield
Augusta Sportswear
P.O. Box 14939
Augusta, GA 30919

RE: The tariff classification of a bandana from China. Correction to Ruling Number NY L86333

Dear Ms. Stubblefield:

This replaces Ruling Number NY L86333, dated August 5, 2005, which contained a mistake of fact. This office stated that the item was hemmed and classified it as such; further examination reveals that the item is overlock stitched, but not hemmed. A complete corrected ruling follows.

The submitted sample is a Style 1414 Promotional Bandana constructed of woven 65% cotton, 35% polyester fabric. The bandana is overlock stitched on all sides, but not hemmed, and measures approximately 14 inches x 14 inches.

Chapter 62 Note 7, HTSUSA, states that “scarves and articles of the scarf type, square or approximately square, of which no side exceeds 60 centimeters, are to be classified as handkerchiefs (heading 6213). Handkerchiefs of which any side exceeds 60 centimeters are to be classified in heading 6214.”

The applicable subheading for the style 1414 Promotional Bandana will be 6213.20.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Handkerchiefs: of cotton: Other.” The rate of duty will be 7.1 percent ad valorem.

Style 1414 falls within textile category designation 330. 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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