CLA-2-61:RR:NC:3:353 K82921
Ms. Angela Sharman
John A. Steer Co.
408 Elmwood Ave.
Folcroft, PA 19079
RE: The tariff classification of a scarf, hat and gloves from Peru.
Dear Ms. Sharman:
In your letter dated January 29, 2004, on behalf of Networks Inc., you requested a tariff classification ruling.
The submitted samples are Styles 39059 Sweater, 49052 Headband, 39054 Cuff Hat, 39057 Flap Hat and 39050 Scarf. All five items are knit and constructed of 53% Acrylic, 37% Alpaca and 10% Wool. The Style 39059 Sweater is made from knitted fabric that has nine or fewer stitches per two centimeters measured in the direction in which the stitches were formed. The sweater features a rolled neck and decorative embroidery, spangles and short pieces of chain at the chest. The Style 49052 Headband, lined with polyester fleece fabric, is 3½ inches wide, encircles the head and is used for warmth. The Style 39054 Cuff Hat is lined with polyester fleece fabric and features a pom-pom on top. The Style 39057 Flap Hat is a native-style hat lined with polyester fleece fabric and features two pom-poms on top and highly decorative faux chinstraps of braid with a pom-pom at the end. The Style 39050 Scarf measures approximately 72 x 7 inches and features tassels at the ends.
The applicable subheading for the Style 39059 Sweater will be 6110.30.1520, Harmonized Tariff Schedule of the United States (HTS), which provides for ”Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: Of manmade fibers: Other: Containing 23 percent or more by weight of wool or fine animal hair.” The general rate of duty will be 17% ad valorem. The textile category designation is 446.
The applicable subheading for the Style 49052 Headband 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 general rate of duty will be 14.6% ad valorem.
The applicable subheading for the Style 39054 Cuff Hat will be 6505.90.6040, Harmonized Tariff Schedule of the United States (HTS), which provides for “Hats and other headgear, knitted or crocheted, or made up from…other textile fabric…Of man-made fibers: Knitted or crocheted or made up from knitted or crocheted fabric: Not in part of braid, Other: Containing 23 percent or more by weight of wool or fine animal hair.” The general rate of duty will be 20 cents per kilogram plus 7% ad valorem. The textile category designation is 459.
The applicable subheading for the Style 9057 Flap Hat will be 6505.90.5090, Harmonized Tariff Schedule of the United States (HTS), which provides for “Hats and other headgear, knitted or crocheted, or made up from…other textile fabric…Of man-made fibers: Knitted or crocheted or made up from knitted or crocheted fabric: Wholly or in part of braid, Other: Other.” The rate of duty will be 6.8% ad valorem. The textile category designation is 659.
The applicable subheading for the Style 39050 Scarf will be 6117.10.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for “Shawls, scarves, mufflers, mantillas, veils and the like: Of man-made fibers, Containing 23 percent or more by weight of wool or fine animal hair.” The general rate of duty will be 11.3% ad valorem.
Style 39059 Sweater falls within textile category designation 446. Style 39054 Cuff Hat falls within textile category designation 459. Style 9057 Flap Hat falls within textile category designation 659. Based upon international textile trade agreements products of Peru are not subject to quota, but are subject to the requirement of a visa.
There are no quota restrictions or visa requirements on Styles 49052 Headband and 39050 Scarf.
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.
You ask if the merchandise is subject to antidumping or countervailing duties. Sweaters, headbands, hats and scarves are not subject to antidumping or countervailing duties.
Please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item.
. Your inquiry does not provide enough information for us to give a ruling on eligibility for duty free treatment under the Andean Trade Promotion and Drug Eradication Act (ATPDEA). You must provide information regarding the entire production of each item. Your request for an ATPDEA determination should include information on where each yarn was formed, where the fabrics were formed, where any knit-to-shape portions were formed, and where the items were assembled. Please supply information regarding the origin of any sewn-in label, and its assembly onto the article.
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