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NY N024450




April 8, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6214.90.0010, 4201.00.6000

Mr. Christopher Rini
Laufer Group Int’l
20 Vesey St, Suite 601
New York, NY 10007

RE: The tariff classification of bandanas from China.

Dear Mr. Rini:

In your letter dated March 4, 2008, on behalf of Raytex Industries, you requested a classification ruling. As requested, the samples will be returned.

The submitted samples are Style #s AP-000414 Flag and AP-000416 Green Taupe Bandanas that are constructed of woven 100% cotton fabric.

Style # AP-000414 (UPC Code 697404004149) Flag Bandana is worn by humans and measures approximately 24½ inches by 22 inches.

Style # AP-000416 (UPC Code 697404004163) Green Taupe Bandana is worn around the neck by dogs, is triangular in shape, measures approximately 12 inches by 8½ inches by 8½ inches, and features a hook and loop fastener.

You suggest classification for both items in subheading 6213.20.1000 as a handkerchief. Chapter 62, Note 7 states that "Scarves and articles of the scarf type, square or approximately square, of which no side exceeds 60 centimeters, are to be classified as handkerchiefs (heading 6213). Handkerchiefs of which any side exceeds 60 centimeters are to be classified in heading 6214." Style AP-000414 Flag Bandana has a side that measures approximately 24½ inches or 62 centimeters. Style # AP-000416 Green Taupe Bandana is worn by dogs; Chapter 62 is reserved for wearing apparel and clothing accessories for humans.

The applicable subheading for the Style # AP-000414 Flag Bandana will be 6214.90.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for shawls, scarves, mufflers, mantillas, veils and the like: of other textile materials, of cotton. The duty rate will be 11.3% ad valorem.

The applicable subheading for the Style # AP-000416 Green Taupe Bandana will be 4201.00.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for saddlery and harness for any animal (including traces, leads, knee pads, muzzles, saddle cloths, saddle bags, dog coats and the like), of any material: other. The duty rate will be 2.8% 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/.

Style # AP-000414 falls within textile category 359. 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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