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NY M83606




May 31, 2006

CLA-2-63:RR:NC:N3:351 M83606

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

Donald S. Simpson
Barthco Trade Consultatnts
5101 S. Broad Street
Philadelphia, PA 19112-1404

RE: The tariff classification of a cooling pinny from China or Hong Kong

Dear Mr. Simpson:

In your letter dated May 12, 2006, you requested a tariff classification ruling on behalf of your client, Seatoman Far East Ltd., of Hong Kong.

The submitted sample is identified as a 100% polyethylene non-woven vest. It is, in fact, not a vest, nor is it any sort of clothing accessory. It does not add to the beauty, convenience, or effectiveness of clothing. It is a cooling pinny. It measures approximately 11”W x 19”H and consists of two bib-like pieces that are attached to one another by hook-and-loop fasteners on the tops. Two straps are attached to the bottom of each section and are used to secure the pinny around the waist. Both the front and the back of the item contain large pockets that are accessible from the top and are sealed with hook-and-loop fastener tabs. You state that the pockets are designed to hold inserts containing cold packs. The cold packs consist of a plastic container with water and a chemical which helps the cold packs to freeze. You indicate that the cold packs will not be part of the importation.

The applicable subheading for the cooling pinny without the cold packs will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made articles, other. The rate of duty will be 7% ad valorem.

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/.

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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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