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NY L88196




November 10, 2005

CLA-2-61:RR:NC:3:353 L88196

CATEGORY: CLASSIFICATION

TARIFF NO.: 6117.10.2030; 6117.10.6010

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

RE: The tariff classification of knit scarves from China or Taiwan.

Dear Ms. Stubblefield:

In your letter dated October 14, 2005, you requested a classification ruling. As requested, the samples will be returned to you.

You have submitted four samples. Style P2001 is a knit 100% polyester fleece scarf. The scarf has warmer pockets on each end and measures approximately 72 inches long and 9 ½ inches wide.

Style P2002 is a knit scarf constructed of 50% polyester and 50% cotton fabric. The scarf measures approximately 68 inches long and 9 inches wide.

Style P2010 is a knit 100% polyester fleece scarf. The scarf measures approximately 80 inches long and 9 ½ inches wide.

Style 2011 is a polyester scarf constructed of 50% polyester and 50% cotton fabric. The scarf has warmer pockets on each end and measures approximately 72 inches long and 9 inches wide.

Due to the fact that styles P2002 and P2011 are to be constructed of a 50/50 blend of fibers, they are classified using HTSUSA Section XI Note 2(A) and Subheading Note 2(A). The scarves will be classified as if they consisted wholly of that one textile material which is covered by the heading which occurs last in numerical order among those which equally merit consideration. Even a slight change in the fiber content may result in a change of classification, as well as visa and quota requirements. The scarves may be subject to Customs laboratory analysis at the time of importation, and if the fabric is other than a 50/50 blend it may be reclassified by Customs at that time.

The applicable subheading for styles P2001 and P2010 will be 6117.10.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up clothing accessories, knitted or crocheted; knitted or crocheted parts of garments or of clothing accessories: shawls, scarves, mufflers, mantillas, veils and the like: of man-made fibers, other. The duty rate will be 11. 3 percent ad valorem.

The applicable subheading for styles P2002 and P2011 will be 6117.10.6010, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up clothing accessories, knitted or crocheted; knitted or crocheted parts of garments or of clothing accessories: shawls, scarves, mufflers, mantillas, veils and the like: of other, of cotton. The duty rate will be 9.5 percent ad valorem.

Styles P2001 and P2010 fall within textile category designation 659. Styles P2002 and P2011 fall within textile category designation 359. 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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