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NY N020806




January 3, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0081, 3926.20.9050

Ms. Edith Tolchin
EGT Global Trading
P.O. Box 231
Florida, NY 10921

RE: The tariff classification of shampoo capes from China, Hong Kong or Taiwan.

Dear Ms. Tolchin:

In your letter dated December 7, 2007, on behalf of Mar Don Creations, you requested a classification ruling. The samples which you submitted are being returned as requested.

Three sample shampoo capes were submitted with your request.

“Terry Towel Draper” is a cape made of woven 100% cotton fabric. The short cape has an adjustable neck with snaps.

“Full Size Vinyl Shampoo Cape” covers the entire torso and is made of vinyl plastic material with a nylon lining. The cape has an adjustable neck with snaps.

“Short Vinyl Shampoo Capelet” is made of vinyl plastic material with a nylon fabric trim and lining. The capelet has an adjustable neck with snaps.

All three items are protective garments used in hair salons.

   The applicable subheading for the “Terry Towel Draper” will be 6211.42.0081, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Track suits, ski-suits and swimwear; other garments: Other garments, Women’s or girls’: Of cotton, Other." The duty rate will be 8.1% ad valorem. The textile category designation is 359.

      The applicable subheading for the Full Size Vinyl Shampoo Cape and Short Vinyl Shampoo Capelet will be 3926.20.9050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Other articles of plastics and articles of other materials of headings 3901 to 3914: Articles of apparel and clothing accessories (including gloves): Other: Other...Other." The rate of duty will be 5% 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/.

With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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