CLA-2-62:OT:RR:NC:N3:353
Ms. Julie Bakhshpour
Aloha Customs Services
9215 Hall Rd.
Downey, CA 90241
RE: The tariff classification of a hair scarf/head wrap from China.
Dear Ms. Bakhshpour:
In your letter dated February 22, 2008, on behalf of Forever 21 Logistics Inc., you requested a classification ruling. The sample which you submitted is being returned as requested.
The submitted sample Style 078DK17159 is a hair scarf/head wrap made of woven 100% cotton fabric. The scarf measures approximately 98 cm x 121 cm x 23 cm when unfolded. The scarf can be used on both the hair and neck.
The hair scarf/head wrap is classifiable as a scarf in heading 6214 and as an other clothing accessory in heading 6217. General Rule of Interpretation 3 (a) states that “When…goods are, prima facie, classifiable in two or more headings…3 (a) The heading which provides the most specific description shall be preferred to headings providing a more general description…” Therefore, Style 078DK17159 is classified as a scarf.
The applicable subheading for the Style 078DK17159 will be 6214.90.0010, Harmonized Tariff Schedule of the united States (HTSUS), which provides for "Shawls, scarves, mufflers, mantillas, veils and the like: Of other textile materials, Of cotton." The duty rate will be 11.3% ad valorem. The textile category designation is 359.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.
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