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NY N009427




April 26, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6117.80.9540

Mr. Charles D. Ashear
Paris Asia, Ltd.
350 Fifth Ave., Floor 70
New York, NY 10118

RE: The tariff classification of neck gaiters from China.

Dear Mr. Ashear:

In your letter dated March 30, 2007, on behalf of Wal-Mart Stores, Inc., you requested a classification ruling. The sample will be returned to you as requested.

The submitted sample, Style 22170101 is a neck gaiter made of knit polyester fabric. The tube-like item has a camouflage pattern and measures approximately 13" long x 10" wide when flat. It is pulled over the head and worn around the neck.

 You state that styles 22170106, 22170107 and 22170109 will also be imported and that they will be identical in fabric content with the exception of the camouflage pattern.

 The applicable subheading for the neck gaiters, Styles 22170101, 22170106, 22170107 and 22170109 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/.

With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. 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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