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NY M81683




March 10, 2006

CLA-2-61:RR:NC:N3:353 M81683

CATEGORY: CLASSIFICATION

TARIFF NO.: 6117.80.9540

Ms. Francine Marcoux
Hampton Direct
350 Pioneer Dr.
P.O. Box 1199
Williston, VT 05495

RE: The tariff classification of an ear band from China.

Dear Ms. Marcoux:

In your letter dated February 23, 2006 you requested a classification ruling.

The submitted sample, item 29450 is an S/3 35° Below® Thermal Ear Band composed of knit 100% acrylic fabric on the outer surface and Thinsulate inside. The item is used to protect ears from the wind and cold. The band is worn around the head and widens the over ears. The ear bands will be packaged with three in a package, black, navy and charcoal.

The applicable subheading for the ear band, item 29450 will be 6117.80.9540, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other made up clothing accessories, knitted or crocheted; knitted or crocheted parts of garments or of clothing accessories: Other accessories: Other: Other, Of man-made fibers: Other.” The duty rate will be 14.6% ad valorem. The textile category designation is 659.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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