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NY 811836

June 20, 1995

CLA-2-65:S:N:N5:353 811836


TARIFF NO.: 6505.90.2060; 6505.90.7090

Mr. Stanley Yagoda, CEO
Baseline America
Metropolitan Towers Apt. # 72D
146 W 57 St.
New York, N.Y. 10019

RE: The tariff classification of baseball style hat with a composite lamp structure from Bangladesh, China or Taiwan.

Dear Mr. Yagoda:

In your letter dated June 15, 1995 you requested a classification ruling. A sample was submitted for examination, reviewed and returned.

The submitted sample consists of a woven cap which will be made up of 100% cotton or 100% man-made fabric. Attached to either end of the peak, where it meets the crown of the cap, is a braided cord approximately 3/8 inch in diameter. There is a plastic adjustable strap at the rear of the cap. The cap also features a composite lamp structure that consists of a base material and an electroluminescent lamp, a power supply consisting of an AC power circuit, a DC power source, a power switch and a protective lamp holder. This structure measures approximately 2 1/2 inches x 4 inches, is centered on the external crown of the cap and serves to illuminate a logo or other translucent design which can be slipped into the open end of the structure. The power supply and wiring is placed on the inside of the cap with the power switch placed on one side of the peak.

The submitted sample is considered a composite good consisting of different materials or made up of different components and will be classified according to that material of component which gives the good its essential character. In the instant case concerns a woven textile cap which incorporates a composite lamp structure. While the composite lamp structure adds a novelty aspect to the cap, of illuminating a desired logo or design, it is the cap which gives the article its essential character and it will therefore be classified as headwear.

The applicable subheading for the 100% cotton woven cap will be 6505.90.2060, Harmonized Tariff Schedule of the United States (HTS), which provides for Hats and other headgear made up of other textile fabric: other: of cotton, flax or both: Not knitted: headwear of cotton.... Other. The duty rate will be 8 percent ad valorem. The applicable subheading for the 100% man-made woven cap will be 6505.90.7090, Harmonized Tariff Schedule of the Unites States (HTS), which provides for Hats and other headgear, made up of other textile fabric: other: of man-made fibers: other: Wholly or in part of braid.... Other: other. The rate of duty will be 7.2 percent ad valorem.

The cap of cotton falls within textile category designation 359 and the cap of man-made fiber falls within textile category designation 659. As a product of China or Taiwan this merchandise may be subject to quota restraints and visa requirements based upon international textile trade agreements.

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.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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