The tariff classification of a winter headband from China.

NY I83561 July 31, 2002 CLA-2-61:RR:NC3:353 I83561 CATEGORY: Classification TARIFF NO.: 6117.80.8500 Ms. Abigail Mugrage Abercrombie & Fitch Trading Co. 6301 Fitch Path New Albany, OH 43054 RE: The tariff classification of a winter headband from China. Dear Ms. Mugrage: In your letter dated July 9, 2002 you requested a tariff classification. As requested, the sample will be returned to you. The submitted sample, Style Number 5011GS Girls Winter Headgear, is constructed of knit 40% lambs wool, 30%acrylic and 30% nylon fabric. The item is a headband that measures 2 1/2 inches wide and is fleece lined. Its primary purpose is protection against cold temperatures and wind. In Becker Glove International, Inc. v. United States, the Court of International Trade (CIT) found that “headbands” is an eo nomine designation that encompasses all forms of the article. It does not exclude headbands designed to provide warmth. The applicable subheading for the Style Number 5011GS Girls Winter Headgear will be 6117.80.8500, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other made up clothing accessories…knitted or crocheted…Other: Headbands, ponytail holders and similar articles.” The rate of duty will be 14.8% ad valorem. There are no quota restrictions or visa requirements on this merchandise. 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, National Commodity Specialist Division