The tariff classification of a hat, scarf and glove set, gloves and scarf from China.

NY J82427 April 16, 2003 CLA-2-65:RR:NC:3:353 J82427 CATEGORY: Classification TARIFF NO.: 6505.90.6090, 6116.93.8800, 6117.10.2030 Ms. Alice Liu Atico Int’l. USA, Inc. 501 South Andrews Ave. Ft. Lauderdale, FL 33301 RE: The tariff classification of a hat, scarf and glove set, gloves and scarf from China. Dear Ms. Liu: In your letter dated March 18, 2003 you requested a classification ruling. The samples will be returned to you as requested. The samples are: Item C62E0116, Hat, Scarf and Glove Set made of knit 100% polyester polar fleece fabric. The hat resembles a ski hat with a cuff and a flat top. The scarf has fringe at the edges and the gloves extend above the wrist. Item C62E0117 are gloves made of knit chenille 85% acrylic, 5% spandex, 10% nylon fabric. The gloves are stringknit with a rib knit cuff. Item C62E0118 is a scarf made of knit 100% acrylic fabric approximately 8 ½” wide without fringe. Reference is made to the Hat, Scarf and Glove Set, Item C62E0116. Neither article imparts the essential character of the set, which will be classified in accordance with GRI 3 (c) under the heading that occurs last in numerical order in the HTS. The applicable subheading for the Hat, Scarf and Glove Set, Item C62E0116 will be 6505.90.6090, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for “Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric…whether or not lined or trimmed: 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 rate of duty will be 22 cents per kilogram plus 7.7% ad valorem. The applicable subheading for the scarf, Item C62E0118 will be 6117.10.2030, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for “Other made up clothing accessories, knitted or crocheted…Shawls, scarves, mufflers, mantillas, veils and the like: Of man-made fibers, Other.” The rate of duty will be 11.4% ad valorem. The applicable subheading for the gloves, Item C62E0117 will be 6116.93.8800, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for “Gloves, mittens and mitts, knitted or crocheted: Other: Of synthetic fibers: Other: Other: Without fourchettes.” The rate of duty will be 18.7% ad valorem. The hat and scarf fall within textile category designation 659. The gloves fall within textile category designation 631. China is a member of the World Trade Organization (WTO), and the scarf and gloves are not subject to quota or the requirement of a visa. Even though the hat is included as a constituent part of the set for classification purposes, it still falls within textile category 659, and products originating in China are subject to visa and quota requirements which must still be met. 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. 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