CLA-2-62 OT:RR:NC:N3:353
Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105
RE: The tariff classification of novelty neckties from China.
Dear Ms. Aldinger:
In your letter dated April 7, 2014, you requested a tariff classification ruling.
The submitted sample, identified as a “Light-Up Bow Tie,” item number 9023925, is a novelty bow tie constructed of woven polyester fabric. The bowtie has a tiny light protruding from the fabric at each of its four corners. The lights are powered by a button cell lithium battery and are activated by pressing a button on the back of the tie. The lights can be made to go on in a steady beam or flash intermittently. The novelty tie features a pre-knotted bow and is secured around the neck by a 3/8” elastic strap secured with a flimsy plastic slide clip closure.
Ties and bow ties conform to a certain standard of acceptable dress, i.e., of a kind customarily worn as an accessory to traditional wearing apparel, such as a suit or sport coat. The "necktie" in question is not of a size and quality usually associated with men’s neckties. Since the instant "necktie" would not be worn with traditional wearing apparel, it is not a necktie for the purposes of heading 6215.
The applicable subheading for item number 9023925 will be 6217.10.9530, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Other made up clothing accessories; parts of garments…Accessories: Other: Other: Of man-made fibers." The rate of duty will be 14.6 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 [email protected].
Sincerely,
Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division