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NY N020208




December 17, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0010, 6211.43.0078, 6505.90.8090

Ms. Senta Schreiber
BDG International, Inc.
840 Tollgate Rd.
Elgin, IL 60123

RE: The tariff classification of beekeeping apparel and headgear from India.

Dear Ms. Schreiber:

In your letter dated November 16, 2007, on behalf of Dadant & Sons, Inc., you requested a classification ruling.

The submitted samples are called Article #s V01170M Hat/Veil Combo Coverall, V012205 Hat/Veil Combo Jacket, V01108 Hat/Veil Pullover Combo and V01102 Folding Veil. All are specially designed protective articles for beekeepers.

The Article # V01170M Hat/Veil Combo Coverall consists of a unisex beekeeper coverall constructed of woven 65% polyester, 35% cotton fabric and attached beekeeper hood with a crown, brim and lower portion that connects to the coverall of 65% polyester/35% cotton fabric, and a veil of black woven polyester mesh fabric in front and white knit polyester mesh fabric at the back. The coverall features a full front zipper closure with a fabric throat cover, a chest zipper patch pocket, two front patch pockets below the waist, heavy duty elastic wrist cuffs with elastic thumb grips, leg zippers, and heavy duty elastic leg cuffs. The beekeeper hood is attached to the coverall by a heavy duty zipper and features a wide brim to keep the veil away from the face and spring steel band rings to keep the veil away from the head when the hood is not in use.

The Article # V012205 Hat/Veil Combo Jacket consists of a unisex beekeeper jacket constructed of woven 65% polyester, 35% cotton fabric and attached beekeeper hood with a crown, brim and lower portion that connects to the jacket of 65% polyester/ 35% cotton fabric, and a veil of black woven polyester mesh fabric in front and white knit polyester mesh fabric at the back. The pullover jacket features a fabric throat cover, a chest zipper patch pocket, two front patch pockets below the waist, heavy duty elastic wrist cuffs with elastic thumb grips, and a heavy duty elastic waist. The beekeeper hood is attached to the coverall by a heavy duty zipper and features a wide brim to keep the veil away from the face and spring steel band rings to keep the veil away from the head when the hood is not in use.

The Article # V01108 Hat/Veil Pullover Combo is a beekeeper hat constructed of a crown and brim of 65% polyester/35% cotton fabric, and a veil of black woven polyester mesh fabric in the front and white knit polyester mesh fabric at the back and bottom. It features a wide brim to keep the veil away from the face, heavy duty elastic around the bottom, two elastics that secure under the arms, and elasticized mesh and a cord to tighten the bottom below the neck.

The Article # V01102 Folding Veil is beekeeper headgear constructed of black woven polyester mesh fabric and white knit polyester mesh fabric. The roughly cylinder-shaped item has openings at the top and bottom, and features white mesh at the top and bottom, and black mesh at the center. The top is affixed to the brim of a hat via elasticized mesh fabric, and has elasticized mesh fabric and a cord to tighten the bottom below the neck.

Article #s V01108 Hat/Veil Pullover Combo and V01102 Folding Veil are described in subheading 6505.90.60, which provides for knit man-made fiber headgear, and in subheading 6505.90.80, which provides for woven man-made fiber headgear. Neither component imparts the essential character of the headgear, 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 HTS.

The applicable subheading for the Article # V01170M Hat/Veil Combo Coverall will be 6211.43.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Other garments, women’s or girls’: Of man-made fibers, Coveralls, jumpsuits and similar apparel: Other: Women’s.” The duty rate will be 16% ad valorem. The textile category designation is 659.

The applicable subheading for the Article # V012205 Hat/Veil Combo Jacket will be 6211.43.0078, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Other garments, women’s or girls’: Of man-made fibers, Jackets and jacket–type garments excluded from heading 6202.” The duty rate will be 16% ad valorem. The textile category designation is 635.

The applicable subheading for the Article #s V01108 Hat/Veil Pullover Combo and V01102 Folding Veil 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 fabricOther: Other: Of man-made fibers: Other: Not in part of braid, Other: Other: Other." The rate of duty will be 18.7 cents /kg + 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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