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HQ 960026

April 16, 1997

CLA-2 RR:TC:TE 960026 DHS


TARIFF NO: 6505.90.8090

Louis Piropato
Daniel F. Young, Inc.
17 Battery Place
New York, New York

RE: Classification of baseball style caps with 1/16th inch braid between the peak and crown

Dear Mr. Piropato:

This is in response to your letter dated October 6, 1996, on behalf of your client, Morris Rothenberg & Son, Inc., requesting a tariff classification ruling under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) for three styles of knitted baseball style caps. You submitted the sample caps along with your letter.


Items 5322, 5334 and 5376 are all of similar construction except for the designs that have been applied to the front panels of each cap. They are stated to be constructed of knitted man-made fabric with a narrow flat braided cord, approximately 9.5 inches long, that runs on the outside front of the cap between the crown and the visor. The braided cord measures at its widest approximately 1/16th inch in diameter and is the same color as the cap.


Are the caps classified as "in part braid" in heading 6505, HTSUSA?


Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRIs), taken in order. GRI 1 provides that classification shall be according to the terms of the headings and any relevant section or chapter notes.

General Note 19, HTSUSA, provides in pertinent part the following:

Definitions. For the purposes of the tariff schedule, unless the context otherwise requires--

(e) the terms "wholly of," "in part of" and "containing," when used between the description of an article and a material (e.g., "woven fabrics, wholly of cotton"), have the following meanings:

(ii) "in part of" or "containing" mean that the goods contain a significant quantity of the named material.

With regard to the application of the quantitative concepts specified above, it is intended that the de minimis rule apply.

The de minimis rule states that an ingredient or component of an article may be ignored for classification purposes depending upon "whether or not the amount used has really changed or affected the nature of the article and, of course, its salability." Varsity Watch Company v. United States, 34 CCPA 155, C.A.D. 359 (1947).

Upon examination of the instant caps, we believe that the amount of braid on the instant cap is not significant. The braid is not readily visible nor does it appear to serve any functional purpose. Furthermore, no documentation was provided by the requestor that establishes that the salability of the caps at issue were in any way enhanced because of the visible decorative effect of the braid.


The instant caps are classified under subheading 6505.90.8090, HTSUSA, which provides for "[h]ats and other headgear, ..., whether or not lined or trimmed: other: of man-made fibers: other: not in part of braid... other: other: other." The applicable rate of duty is 21 cents per kilogram plus 7.6 percent ad valorem. The textile category designation is 659.

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 internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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


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