CLA-2-61 OT:RR:NC:N3:353

Ms. Regina Girsh
OHL Trade Consultants
The Navy Yard
5101 S. Broad Street
Philadelphia, PA 19112-1404

RE: The tariff classification of scarves from China.

Dear Ms. Girsh:

In your letter dated February 5, 2013, on behalf of The Echo Design Group Inc., you requested a tariff classification ruling.

The first sample submitted, identified as style number 375024, is a loop scarf constructed of 100% acrylic knitted fabric. The scarf is tubular and measures approximately 12 inches in length by 15 inches in width when lying flat. The ends are joined so that there is a permanent twist in the scarf. The scarf slips over the head and can be worn around the neck.

The second sample submitted, identified as style 365127, is a loop scarf constructed of 50% nylon and 50% wool knitted fabric. The scarf is tubular and measures approximately 14 ½ inches in width by 19 ½ inches in length. The scarf slips over the head and can be worn around the neck.

The samples will be returned to you as requested.

The applicable subheading for style 375024 will be 6117.10.2030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other made up clothing accessories, knitted or crocheted…Shawls, scarves, mufflers, veils and the like…Of man-made fibers.” The rate of duty will be 11.3 percent ad valorem.

The applicable subheading for style 365127 will be 6117.10.2010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other made up clothing accessories, knitted or crocheted…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 rate of duty will be 11.3 percent ad valorem.

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/.

Your inquiry does not provide enough information for us to give a classification ruling on style number 375065. We need additional information in order to issue a ruling. Please address the following issues and submit the information requested below:

Style number 375065 contains metallized yarn. Are the metallized yarn and other yarns plied (twisted) together prior to being fed into the knitting machine, or are they fed in separately?

Describe the step-by-step knitting process, specifically noting at which step and how the metallized yarn and other yarns are combined.

Submit a sample of each yarn as it is fed into the knitting machine (i.e., if the metallized yarn and other yarns are fed in separately, submit a sample of each, but if they are combined prior to being fed into the knitting machine, submit only that one yarn).

Please state the overall fiber content of the garment. The fiber content must be expressed as a percentage of each fiber by weight; i.e., 100% acrylic plus Lurex is not acceptable.

When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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 Kimberly Praino at (646) 733-3053.

Sincerely,

Thomas J. Russo
Director
National Commodity Specialist Division