CLA-2-62:RR:NC:3:353 B83708
5808.90.0010
Mr. Dandan Pan
Bestway Trading Int'l.
7693 Palmillar Dr. #2129
San Diego, CA 92122
RE: The tariff classification of graduation cap, gown, tassel,
hood and stole from China.
Dear Mr. Pan:
In your letter dated March 22, 1997, you requested a
classification ruling.
The submitted samples are a graduation cap, gown, cowl hood
and a stole. Also included is a tassel. The samples will be
retained for Customs purposes.
The gown is full length with long sleeves and a front
zippered closure. The cap is designed with a flat textile covered
top and a fabric covered button at the top. The cowl hood
resembles a monks hood although it is worn around the neck as the
stole. The tassel has a loop on one end that attaches to the
button on the cap.
The classification for each item would be: The applicable
subheading for the gown will be 6211.43.0091 Harmonized Tariff
Schedule of the United States (HTS), which provides for Track
suits, ski-suits and swimwear; other garments: Other garments,
women's or girls: Of man-made fibers, Other. The duty rate will be
16.7% ad valorem.
The applicable subheading for the cap will be 6505.90.8090
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, in the piece (but not
in strips), whether or not lined or trimmed; hair-nets of any
material, whether or not lined or trimmed: Other: Of man-made
fibers: Not in part of braid, Other: Other. The duty rate will be
21 cents\kg + 7.6% ad valorem.
The applicable subheading for the cowl hood and stole will be
6217. 10.9530 Harmonized Tariff Schedule of the United States
(HTS), which provides for Other made up clothing accessories; parts of garments or of clothing accessories, other than those of
heading 6212: Accessories: Other, Other: Of man-made fibers. The
duty rate will be 15.2% ad valorem.
The applicable subheading for the tassel will be
5808.90.0010 Harmonized Tariff schedule of the United States
(HTS), which provides for Braids in the piece; ornamental
trimmings in the piece, without embroidery, other than knitted or
crocheted; tassels, pompons and similar articles: Braids in the
piece: Other: Other, Of Cotton; of man-made fibers. The duty
rate will be 6.6% ad valorem.
If imported as a set it will meet the qualifications of
"goods put up in sets for retail sale". If the components of the
set consist of at least two different articles which are, prima
facie, classifiable in different headings. They are put together
to meet a particular need or carry out a specific activity, and
they are packed for sale directly to users without repacking.
The gown imparts the essential character of the set.
The applicable subheading for the graduation set will be
6211.43.0091 Harmonized Tariff Schedule of the United States
(HTS), which provides for Track suits, ski-suits and swimwear;
other garments: Other garments, women's or girls: Of man-made
fibers, Other. The duty rate will be 16.7% ad valorem.
Under the terms of Section 204 of the Agricultural Act of
1956, all applicable visa and quota requirements will apply for
textiles and their products which are classified as parts of a
set. This rule applies to all items which, if imported
separately, would have require a visa or be subject to quota
restraints.
Pursuant to a directive dated August 18, 1989, from the
committee for the implementation of textile agreements (CITA),
entry is to be prohibited for all textile items without a visa
for which classification is claimed as sets under General Rules
of Interpretation (GRI)3 of the HTS, and a separate textiles
category currently exists or comes into existence requiring
separate reporting of the components forming those sets.
The cap, gown, cowl hood, stole and set fall within
textile category designation 659 and the tassel 229. 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 may be
subdivided into parts. If so, visa and quota requirements
applicable to the subject merchandise may be affected. Part
categories are the result of international bilateral agreements
which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that
you check, close to the time of shipment, the Status Report on
Current Import Quotas (Restraint Levels), an internal issuance of
the U.S. Customs Service, which is available for inspection at
your local Customs office.
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 Martin
Weiss at 212-466-5881.
Sincerely,
Paul K. Schwartz
Chief, Textiles & Apparel Branch
National Commodity
Specialist Division