The tariff classification of headwear and scarves from China.

NY K84790 April 22, 2004 CLA-2-65:RR:NC:3:353 K84790 CATEGORY: Classification TARIFF NO.: 6505.90.5090, 6505.90.1590, 6117.10.2030, 6117.80.8500 Ms. Julia Suber Kamino Int’l. Transport, Inc. 640 Airport So. Pkwy., Suite 400 Atlanta, GA 30349 RE: The tariff classification of headwear and scarves from China. Dear Ms. Suber: In your letter dated April 7, 2004, on behalf of M&M Headgear, you requested a classification ruling. Six samples were submitted with your request. Item #2 is a Weaving Cap made of knit 100% polyester fabric. The item is worn on the crown of the head and has braid around the opening to hold it on the head. Item #120 is a Webbie Cap made of crocheted 100% cotton fabric. The item is worn on the crown of the head. Item #121 is the same item in a different color. Item #164 is a scarf made of knit 100% polyester fabric and measures approximately 26” X 28 ½”. Item #165 is the same item in a different color. Item #171 is a headband made of knit nylon and spandex fabric. Item #s 129 and 130 are scaves made of knit 100% polyester fabric. The scarf measures approximately 55”X19”. The applicable subheading for Item #2, Weaving Cap 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 20 cents/kg + 7% ad valorem. The textile category designation is 659. The applicable subheading for the Webbie Cap, Item #s 120 and 121 will be 6505.90.1540 , Harmonized Tariff Schedule of the United States (HTS), which provides for "Hats and other headgear…made up from lace, felt or other textile fabric…Other: Of cotton, flax or both: Knitted, Of cotton: Other: Other." The duty rate will be 7.9% ad valorem. The textile category designation is 359. The applicable subheading for Item #s 164, 165 Satin Scarf and 129, 130 Budding Scarf will be 6117.10.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for "Other made up clothing accessories, knitted or crocheted;…Shawls, scarves, mufflers, mantillas, veils and the like: Of man-made, Other." The duty rate will be 11.3% ad valorem. There are no quota restraints or visa requirements on this merchandise. The applicable subheading for the headband, Item #171 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 Accessories: Other: Headbands, ponytail holders and similar articles." The duty rate will be 14.6% ad valorem. There are no quota restraints or visa requirements on this merchandise. Your inquiry does not provide enough information for us to give a classification ruling on Item #s 110 and 111 Mesh Wrap. Your request for a classification ruling should include how it is used and brochure on how it is marketed. When this information is available, you may wish to consider resubmission of your request. We are returning sample of the mesh wrap. If you decide to resubmit your request, please include all of the material that we have returned to you. Based upon international textile trade agreements products of 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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