CLA-2-62:RR:NC:3:353 D82323

Mr. Lou Piropato
Daniel F. Young, Inc.
17 Battery Place
New York, NY 10004-1101

RE: The tariff classification of a bandana from China.

Dear Mr. Piropato:

In your letter dated September 9, 1998, on behalf of Rothco, Division of Rothernberg & Son, Inc., you requested a classification ruling.

The submitted sample is a 100% woven cotton bandana, square in design and measuring approximately 52 centimeters on each side. The bandana is hemmed on three sides and selvedged on the fourth side.

As per note 7 to Chapter 62, scarves and articles of the scarf type, square or approximately square, of which no side exceeds 60 centimeters, are to be classified as handkerchiefs (heading 6213). Handkerchiefs of which any side exceeds 60 centimeters are to be classified in heading 6214.

The applicable subheading for the bandana will be 6213.20.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for "Handkerchiefs: Of cotton: Hemmed, not containing lace or embrodidery." The duty rate will be 13.7% ad valorem.

The bandana falls within textile category designation 330. 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 Kenneth Reidlinger at 212-466-5881.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division