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NY N017362




October 11, 2007

CLA-2-62:OT:RR:NC:N3:353

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.8015

Ms. Sharon A. Watson
Bob Barker Company
134 N. Main Street
Fuquay-Varina, NC 27562

RE: The tariff classification of a disposable hood from China.

Dear Ms. Watson:

In your letter dated August 31, 2007, you requested a classification ruling. The sample which you submitted is being returned as requested.

The submitted sample, Item 7000, Protective Detainee Hood is made of six layers of nonwoven polyester fabric and a knit net polyester fabric. The hood slides over the head and the net fabric extends from below the nose to the top of the head where it is secured. The nonwoven fabric extends from under the nose to the neck covering part of the ears. The knit net fabric extends from the top of the head to the nose areas. The Disposable Protective Detainee Hood is used to prevent a prisoner or subject from biting or spitting. The Hood provides ample visibility, does not hinder breathing or hearing and is not constricting in any way when used properly.

Neither the knit component or the nonwoven component imparts the essential character of the Item 7000, Protective detainee Hood, which will be classified in accordance with General Rule of Interpretation (GRI) 3(c) under the heading that occurs last in numerical order in the HTSUS.

 The applicable subheading for Item 7000, Protective Detainee Hood will be 6505.90.8015, 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 fabricOther: Other: Of man-made fibers: Other: Not in part of braid, Nonwoven disposable headgear without peaks or visors. The rate of duty will be 18.7 cents per kilogram plus 6.8% 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With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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