CLA-2-63:OT:RR:NC:N3:351

Mr. Thomas Tran
c/o M.L. Kishigo Manufacturing Company
2901 South Daimler Street
Santa Ana, CA 92705

RE: The tariff classification of textile evaporative cooling products from China

Dear Mr. Tran:

In your letter dated October 16, 2017, you requested a tariff classification ruling.

You submitted three samples of evaporative cooling products, identified as cooling pad style 1620, the hard hat nape protector style 1622 and hard hat nape protector style 1624. You state that all three of the samples are made from a polymer embedded fabric you call, Hyperkewl which is sandwiched in between a top and bottom layer of textile man-made fabrics. This combination of fabrics creates a new cooling technology by allowing water to be absorbed, stored and released through evaporation within the multi-layered structure. To activate the evaporative cooling product, the item is submerged in water for 1-2 minutes to allow for the absorption of water and when the excess water is squeezed out, the item is ready to wear. You state that the items can be used by anyone who works or recreates in warm, dry climates in need of products that would provide hours of sustaining a cool comfort level.

Style 1620, is a cooling pad intended to be attached to a safety vest. It is shaped to fit from the front shoulders and across the chest. It measures approximately 19" across the chest and 14 ΒΌ " from the shoulders. It has sewn on hook patches that will attach to a safety vest that contains loop patches. The cooling pad will be imported by itself and not packaged with a safety vest.

Style 1622, is a hard hat nape protector. The nape protector is rectangular shaped, measures approximately 11" x 18" with an elastic band sewn onto the top portion. It is designed to be stretched over the brim of a construction hard hat to provide a measure of sun protection for the back of the neck.

Style 1624, is a hard hat nape protector similar to the style 1622, hard hat nape protector. The difference is the method of attaching to hard hat. The nape protector measures approximately 11 x 19". This nape protector uses hook and loop patches along the edge. The nape protector will be imported in its own packing.

The applicable subheading for the cooling pad style 1620, the hard hat nape protector style 1622, and hard hat nape protector style 1624, will all be 6307.90.9889 Harmonized Tariff Schedule of the United States, (HTSUS), which provides for other made up textile articles, other. The rate of duty will be 7 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 the World Wide Web at https://hts.usitc.gov/current.

The samples will be returned as you requested.

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 Adleasia Lonesome via email at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division