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NY N023573




March 12, 2008

CLA-2-65:OT:RR:NC:3:353

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.8090

Ms. Helen Cooper
Original Concepts Inc.
701 E. 3rd St., Suite 130
Los Angeles, CA 90013

RE: The tariff classification of a hat and scarf set from China.

Dear Ms. Cooper:

In your letter dated February 15, 2008, on behalf of Smiffy’s, you requested a classification ruling. As requested, the sample will be returned.

The submitted sample is a Style 30575 Pirate Hat and Scarf Kit. The pirate-style tri-corner hat is constructed of woven black velvet polyester fabric; it features metallic silver ribbon trim, metallic silver and black satin bows, rhinestone jewel piece, and a woven white fabric headband that forms a tie. The scarf is constructed of knit pleated black and white stripe fabric and features a jagged edge pattern.

Style 30575 is a set put up for retail sale and is described in heading 6505, which provides for the hat, and in heading 6117, which provides for the scarf. Neither component imparts the essential character of Style 30575 Pirate Hat and Scarf Kit, 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 Style 30575 Pirate Hat and Scarf Kit 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With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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