The tariff classification of a facemask and hood from the Philippines and China.

NY G88451 April 3, 2001 CLA-2-61:RR:NC:3:353 G88451 CATEGORY: Classification TARIFF NO.: 6117.80.9540, 6505.90.6090 Mr. Kevin Egan E. Besler & Company P.O. Box 66361 Chicago, IL 66361 RE: The tariff classification of a facemask and hood from the Philippines and China. Dear Mr. Egan: In your letter dated March 9, 2001, on behalf of Robinson Laboratories, you requested a classification ruling. The samples will be returned per your request. The submitted samples are a ¾ facemask and full hood (deluxe headcover) constructed of an outer shell of warp knit 50% polyester/50% cotton fabric with a lining of activated carbon material. The lining blocks the scent of humans from animals. The items are used in conjunction with scent blocking hunting apparel. The facemask is cylindrical with an elasticized top and covers from the bridge of the nose to the neck. The hood is balaclava-style and covers from the head to the neck except the eyes. The applicable subheading for the ¾ face mask will be 6117.80.9540, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other made up clothing accessories, knitted or crocheted; knitted or crocheted parts of garments or of clothing accessories: Other accessories: Other: Other, Of man-made fibers: Other.” The duty rate will be 14.9% ad valorem. The applicable subheading for the full hood will be 6505.90.6090, Harmonized Tariff Schedule of the United States (HTS), which provides for “Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric…: Other: Of man-made fibers: Knitted or crocheted or made up from knitted or crocheted fabric: Not in part of braid, Other: Other: Other.” The duty rate will be 25.9 cents per kilogram plus 9.1% ad valorem. The ¾ facemask and full hood fall within textile category designation 659. Based upon international textile trade agreements products of The Philippines and China are subject to quota and the requirement of a visa. The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment. Due to the fact that the ¾ facemask and full hood are to be constructed of a 50/50 blend of fibers, it is classified using HTSUSA Section XI Note 2(A) and Subheading Note 2(A). The ¾ face mask and full hood will be classified as if they consisted wholly of that one textile material which is covered by the heading which occurs last in numerical order among those which equally merit consideration. Even a slight change in the fiber content may result in a change of classification, as well as visa and quota requirements. The ¾ face mask and full hood may be subject to U.S. Customs laboratory analysis at the time of importation, and if the fabric is other than a 50/50 blend it may be reclassified by Customs at that time. Your inquiry does not provide enough information for us to give a classification ruling on the carbon socks. The sample does not match the item in the descriptive literature that you provided. The sock in the literature features an elastic top and spandex heel that is not part of the sample supplied to this office. In addition, the sample you furnished appears to be a boot lining. Your request for a classification ruling should include the actual sample you want classified along with the corresponding descriptive literature. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you. 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 212-637-7084. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division