CLA-2-61 OT:RR:NC:N3:353
Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105         
RE:	The tariff classification of a heated scarf from China.   
Dear Ms. Aldinger:
In your letter dated May 29, 2013, you requested a tariff classification ruling.
You submitted a sample identified as a “Battery Operated Heated Scarf,” item number 9025994, which is constructed of polyester polar fleece fabric.  The item measures approximately 67 inches in length by 6 ½ inches in width and has warmer pockets on each end.  The scarf has a rectangular pad with a heating element sewn to the lining in the area of the wearer’s neck.  A connecting wire extends from this pad to a detachable battery pack, which can be accessed through a zippered compartment at the end of the scarf.  The heating element can be turned on and off by means of a slide switch.  
The applicable subheading for item number 9025994 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.
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/.
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