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NY 818311

January 31, 1996

CLA-2-65:RR:NC:WA:353 818311


TARIFF NO.: 6503.00.3000

Ms. Linda Campanian
A.N. Deringer, Inc.
P.O. Box 510
Sweetgrass, MT 59484

RE: The tariff classification of a fur felt cowboy hat from Canada.

Dear Ms. Campanian:

In your letter dated December 5, 1995, received in our office on January 18, 1996, you requested a classification ruling on behalf of your client Smithbilt Hats Ltd, Calgary, Alberta. A sample was submitted for review with your request.

The submitted sample is a men's cowboy hat with no style number, is sized 6 3/4, and is stated to be made from 100% fur felt. It features a decorative hat band that simulates a western belt with a feather grouping on the left side of the crown. The proposed marking on the sweatband, a round self-adhesive paper label approximately one inch in diameter, has a maple leaf symbol with the words "Made in Canada" on one side and "Fabrique Au Canada" on the other side, with lettering of the same size.

The marking statute 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that unless excepted, every article of foreign origin (or its container) imported into the United States, shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit in such a manner as to indicate to the ultimate purchaser the English name of the country or origin of the article.

Country of origin marking is considered conspicuous if the ultimate purchaser in the United States is able to find the marking easily and read it without strain. 19 CFR 134.41(b). The degree of permanence should be at least sufficient to insure that in any reasonable foreseeable circumstance, the marking shall remain on the article (or its container) until it reaches the ultimate purchaser unless it is deliberately removed. The marking must also be able to survive normal distribution and store handling. The ultimate purchaser for an article sold at retail would be the purchaser at retail.

The 100% fur felt cowboy hat with the round sticker affixed to the sweatband on the sample provided is conspicuous and sufficiently secure to ensure that in any foreseeable circumstance the country of origin marking would remain on the article until it reached the ultimate purchaser unless it was deliberately removed. We therefore conclude that this marking is acceptable for purposes of 19 U.S.C. 1304 and 19 CFR 134.41(b).

The applicable subheading for the 100% fur felt cowboy hat will be 6503.00.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for "Felt hats and other felt headgear, made from the hat bodies or plateaux of heading 6501. whether or not lined or trimmed: Of fur felt: For men or boys......". The duty rate will be 66 cents per dozen plus one percent ad valorem.

This ruling is being issued under the provisions of Section 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 Martin Weiss at 212-466-5881.


Roger J. Silvestri

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