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HQ 085319

November 09, 1989

CLA-2:CO:R:C:G 085319 SR


TARIFF NO.: 6505.90.6060

Mr. Roger Tang
Daystone International Corporation
11140 Petal Street; Suite 860
Dallas, Texas 75238

RE: Baseball cap with sunglasses

Dear Mr. Tang:

This is in reference to your letter dated July 11, 1989, requesting the tariff classification of baseball caps with sunglasses under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). A sample produced in Taiwan was submitted.


The merchandise at issue consists of a baseball cap that has a pair of sunglasses attached under the bill. The baseball cap is composed as follows: the front panel is made of 100 percent polyester knit fabric; the interfacing lining of the front panel is made of 100 percent cotton knit fabric; the peak is made of 100 percent polyester knit fabric; the mesh is made of 100 percent polyester; the sweatband is made of 100 percent cotton, woven fabric; the braid is made of 100 percent nylon with 100 percent polyester filling; the bias tape is made of 100 percent cotton woven fabric; and the trim is made of 100 percent polyester. The bottom side of the cap's bill is vinyl and has a vinyl slide clip which holds the sunshade in place. Based on the submitted material, the component material of chief value is plastic.


What is the classification of the baseball cap with attached sunglasses?


Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRI), taken in order. GRI 3(b) provides that composite goods consisting of different materials or made up of different components shall be classified as if they consisted of the material or component which gives them their essential character. It is the baseball cap that imparts the essential character of this item. The cap can be worn whether or not the sun glasses are used. The sunglasses cannot be used without the hat. The cap with sunglasses attached is classifiable as hats of plastic materials.


The merchandise at issue is classifiable under subheading 6505.90.6060, HTSUSA, as hats and other headgear, other, of man- made fibers, knitted or crocheted, not in part of braid, other. The rate of duty is 39.7 cents per kilogram plus 14.1 percent ad valorem.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an issuance of the U.S. Customs Service, which is updated weekly and is available at your local Customs office.


John Durant, Director

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