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NY N008127




April 10, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.6090

Ms. Rebekka Moen
Pearl Izumi
Dash America, Inc.
620 Compton St.
Broomfield, CO 80020

RE: The tariff classification of a neck/head gaiter from an unknown country.

Dear Ms. Moen:

In your letter dated February 21, 2007, you requested a tariff classification ruling. The country of origin of the item has not yet been determined.

The sample will be returned to you.

The submitted sample, style 9084, Adventure Head Gaiter is made of knit 96% polyester/4% spandex fabric. The item is worn on the head by using the drawstring at the top to form a hat like item. When the drawstring is not used, the item is worn as a neck gaiter for warmth around the neck.

Neither the hat, classifiable under heading 6505, nor the neck gaiter, classifiable under heading 6117, imparts the essential character to the item. Following General Rule of Interpretation (GRI) 3 (c), it will be classified under the heading which occurs last in numerical order in the HTS.

The applicable subheading for neck/head gaiter, style 9084 will be 6505.90.6090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Hats and other headgear, knitted or crochetedOther: Of man-made fibers: Knitted or crocheted or made up from knitted or crocheted fabric: Not in part of braid, Other: Other: Other." The general duty rate will be 20 cents per kilogram plus 7% 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/.

With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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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