CLA-2-62:RR:NC:5:353 A83305

Mr. Robert Stack
Siegel, Mandell & Davidson, P. C.
One Astor Plaza
1515 Broadway, 43rd Floor
New York, New York 10036-8901

RE:The tariff classification of a woman's ascot and scarf from China.

Dear Mr. Robert Stack:

In your letter dated May 1, 1996, received on May 6, 1996, on behalf of Ellen tracy, Inc., you requested a classification ruling.

Two samples were submitted for examination and will be returned per your request. One sample Style No. 17739496 is a woman's ascot, measuring 36 inches in extended length and 8 inches at its widest points. Style No. 17709496 is a woman's scarf, measuring approximately 60 inches in length and 18 inches at its widest point; and has a triangular shape at each end. Both articles are stated to be composed of 100% silk woven fabric.

The applicable subheading for the woman's ascot, Style No. 17739496 will be 6217.10.1000, 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: Containing 70 percent or more by weight of silk or silk waste. The duty rate will be 12.9 percent ad valorem.

The applicable subheading for the woman's scarf, Style No. 17709496 will be 6214.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for shawls, scarves, mufflers, mantillas, veils and the like: Of silk or silk waste: Containing 70 percent or more by weight of silk or silk waste. The duty rate will be 5.1 percent ad valorem.

The woman's ascot, Style No. 17739496 falls within textile category designation 759. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The woman's scarf, Style No. 17709496 is not subject to quota and visa requirements. 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 * at 212-466-*.

Sincerely,

Roger J. Silvestri
Director
National Commodity
Specialist Division