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NY L88012




October 28, 2005

CLA-2-61:RR:NC:TA:354 L88012

CATEGORY: CLASSIFICATION

TARIFF NO.: 6116.93.8800; 6117.80.9540

Ms. Anna Maria Rogalski
Disguise
11906 Tech Center Court
Poway, CA 92064

RE: The tariff classification of various items from China.

Dear Ms. Rogalski:

In your letter dated September 30, 2005, you requested a classification ruling. The provided samples are being returned as per your request.

Five samples were submitted for review. Style 14343 is a child-sized accessory item constructed of a 100% polyester finely knitted fabric that covers the area from the elbow down past the wrist. The item measures approximately 11-inches in length and does not cover the fingers. The item has an elastic loop for the forefinger and is feather trimmed at the bottom.

Style 14361 is an adult sized mitt measuring approximately 9-1/2 inches in length that is constructed of a 100% nylon fishnet fabric. The fingerless item features a thumbhole at the side seam, an inner sheer fabric lining, and elasticized trim down the outer edge of the hand.

Style 14376 is a child-sized mitt measuring approximately 4-3/4 inches in length that is constructed of a 95% polyester 5% nylon knitted fabric. The fingerless item features a thumbhole along the side seam of the hand, a sheer fabric insert down the center of the mitt backside, overlock stitch finish at the top of the mitt, and sheer fabric trim at the mitt bottom.

Style 14377 is a child-sized mitt measuring approximately 9-1/2 inches in length that is constructed of a 100% polyester knitted fabric. The fingerless item features a thumbhole along the side seam of the hand, a crocheted insert down the center of the mitt backside, overlock stitch finish at the top and bottom of the mitt, and two rows of 8 grommets down the glove backside that are laced with a fabric tie.

Style 14378 is a child-sized mitt measuring approximately 10-1/2 inches in length that is constructed of a sheer 95% polyester 5% nylon knitted fabric. The fingerless item features a thumbhole along the side seam of the hand, overlock stitch finish at the top and bottom of the mitt, and faux fur trim at the backside mitt bottom.

The applicable subheading for Style 14343 will be 6117.80.9540, Harmonized Tariff Schedule of the United States (HTS), which provides for Other made up clothing accessories, knitted or crocheted Other accessories: Other: Other, Of man-made fibers: Other. The rate of duty will be 14.6 percent ad valorem.

The applicable subheading for Styles 14361, 14376, 14377, and 14378 will be 6116.93.8800, HTS, which provides for Gloves, mittens and mitts, knitted or crocheted: other: of synthetic fibers: other: other: without fourchettes. The rate of duty will be 18.6 percent ad valorem.

Style 14343 falls within textile category designation 659 and Styles 14361, 14376, 14377, and 14378 fall within textile category designation 631. 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 Deborah Marinucci at 646-733-3054.

Sincerely,

Robert B. Swierupski
Director,

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