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NY L87720





October 12, 2005

CLA-2-61:RR:NC:N3:353 L87720

CATEGORY: CLASSIFICATION

TARIFF NO.: 6117.10.2030

Ms. Joanne Balice
CBI Distributing Corp.
Claire Accessories
2400 W. Central Rd.
Hoffman Estates, IL 60195

RE: The tariff classification of a scarf from China.

Dear Ms. Balice:

In your letter dated September 14, 2005 you requested a classification ruling.

The submitted sample, style 987292 a scarf composed of knit net 100% polyester fabric with spangle and embroidery embellishishments. The item measures approximately 2 ¼ “ x 58” and can be worn around the neck, waist or head.

Style 987292 is classifiable as a scarf in subheading 6117.10 and as an other clothing accessory in subheading 6117.80. General Rule of Interpretation 3 (a) states that “Whengoods are, prima facie, classifiable in two or more headings3 (a) The heading which provides the most specific description shall be preferred to headings providing a more general description” This rule also applies to subheadings at the same level. Therefore, style 987292 is classified as a scarf.

      The applicable subheading for the style 987292 will be 6117.10.2030, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for "Other made up clothing accessories, knitted or crochetedShawls, scarves, mufflers, mantillas, veils and the like: Of man-made fibers, Other." The rate of duty will be 11.3% 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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