CLA-2-65:OT:RR:NC:N3:358

Mr. Joel Madtes
Stauffer Glove & Safety
361 East Sixth St.
Red Hill, PA 18076

RE: The tariff classification of a nonwoven disposable balaclava from China

Dear Mr. Madtes:

In your letter dated December 7, 2018, you requested a tariff classification ruling. You submitted a sample with your letter, which will be retained for training purposes.

Item HDC-W/1000 is an adult size nonwoven lightweight balaclava. In your letter you indicate that the item is constructed of 100 percent spunbond polypropylene fabric. The opening for the head and eyes contains a sewn-in elastic cord to aid in fitting. The balaclava is disposable, does not contain a peak or visor, and is designed for use in laboratories and manufacturing environments. HDC-W/1000 will be imported in two additional style numbers which you indicate differ only in color: HDC-G/1000 and HDC-B/1000.

The applicable subheading for items HDC-W/1000, HDC-G/1000, and HDC-B/1000 will be 6505.00.8015, Harmonized Tariff Schedule of the United States (HTSUS), 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: Other: Of man-made fibers: Other: Not in part of braid: Nonwoven disposable headgear without peaks or visors.” The rate of duty will be 18.7 cents per kilogram plus 6.8 percent as valorem.

Effective July 6, 2018, the Office of the United States Trade Representative (USTR) imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS. The USTR imposed additional tariffs, effective August 23, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(d), HTSUS. Subsequently, the USTR imposed further tariffs, effective September 24, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(f) and U.S. Note 20(g), HTSUS. For additional information, please see the relevant Federal Register notices dated June 20, 2018 (83 F.R. 28710), August 16, 2018 (83 F.R. 40823), and September 21, 2018 (83 F.R. 47974). Products of China that are provided for in subheading 9903.88.01, 9903.88.02, 9903.88.03, or 9903.88.04 and classified in one of the subheadings enumerated in U.S. Note 20(b), U.S. Note 20(d), U.S. Note 20(f) or U.S. Note 20(g) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by the aforementioned Chapter 99 subheadings. Products of China classified under subheading 6505.00.8015, HTSUS, unless specifically excluded, are subject to the additional 10 percent ad valorem rate of duty.  At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 6505.00.8015, HTSUS, listed above. The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading.

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.

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 Michael Capanna at [email protected].


Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division