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NY M84761




July 21, 2006

CLA-2-62:RR:NC:3:353 M84761

CATEGORY: CLASSIFICATION

TARIFF NO.: 6214.30.0000, 6214.90.0010, 6217.10.8500

Ms. Kathy Trotta
Conair Corporation
150 Milford Road
East Windsor, NJ 08520

RE: The tariff classification of scarves and a headband from China.

Dear Ms. Trotta:

In your letter dated June 27, 2006 you requested a classification ruling. As requested, the samples will be returned to you.

The submitted samples are Models 5844803A048 Georgette Wide, 5845103A048 Print Fabric Wide, 5845203A048 Print Fabric Thin, 5845003A048 Print Fabric Wide and 5845303A048 Print Fabric Thin Scarves.

Models 5844803A048 Georgette Wide, 5845103A048 Print Fabric Wide and 5845003A048 Print Fabric Wide Scarves are constructed of woven 100% polyester fabric and feature the ends cut at a 45-degree angle. Model 5844803A048 measures approximately 3¼ x 60 inches. Models 5845103A048 and 5845003A048 measure approximately 4 x 64 inches.

You state that Model 5845203A048 Print Fabric Thin Scarf is constructed of woven 50% polyester and 50% cotton fabric. However, examination reveals a woven 100% cotton scarf with a woven 100% polyester lining. The scarf features the ends cut at a 45-degree angle and measures approximately 2 x 64 inches.

You call Model 5845303A048 a Print Fabric Thin Scarf constructed of woven 100% polyester fabric. However, examination reveals a headband with a self-fabric covered 1-inch wide elastic band at the back.

The applicable subheading for the Models 5844803A048, Georgette Wide, 5845103A048 Print Fabric Wide and 5845003A048 Print Fabric Wide Scarves will be 6214.30.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for shawls, scarves, mufflers, mantillas, veils and the like: of synthetic fibers. The duty rate will be 5.3 percent ad valorem. The textile category designation is 659.

The applicable subheading for the Model 5845203A048 Print Fabric Thin Scarf will be 6214.90.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for shawls, scarves, mufflers, mantillas, veils and the like: of other textile materials, of cotton. The duty rate will be 11.3 percent ad valorem. The textile category designation is 359.

The applicable subheading for the Model 5845303A048 a Print Fabric Thin headband will be 6217.10.8500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up clothing accessories; parts of garments or clothing accessories, other than those of heading 6212: accessories: other: headbands, ponytail holders and similar articles. The duty rate will be 14.6 percent 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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