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NY M84358





July 11, 2006

CLA-2-65:RR:NC:N3:353 M84358

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.8090, 6307.90.9889

Ms. Estelle Lee
TL Care
P.O. Box 77087
San Francisco, CA 94107

RE: The tariff classification of a disposable hat and masks from China.

Dear Ms. Lee:

In your letter dated June 7, 2006, you requested a classification ruling.

Two samples were submitted with your request.

Item 1, is a Painters Cap made of non-woven textile material. The baseball style cap has a sweatband and plastic peak.

Item 2, are disposable facemasks made of non-woven textile material that are held in place with an elastic band.

The applicable subheading for the Painter’s Cap, Item 1 will be 6505.90.8090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece (but not in strips), whether or not lined or trimmedOther: Of man-made fibers: Other: Not in part of braid, Other: Other: Other." The duty rate will be 18.7 cents per kilogram plus 6.8% ad valorem.  The textile category designation is 659.    

The applicable subheading for the disposable face masks will be 6307.90.9889 Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other made up articles, including dress patterns: Other: Other: Other, Other: Other.” The duty rate 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/.

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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