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NY A88138

October 16, 1996



TARIFF NO.: 6505.90.7090

Mr. Frank Saviano
Agra-Services Brokerage Co., Inc.
221-20 147th Avenue
Jamaica, New York 11413

RE: The tariff classification of a Umbrella Hat from China

Dear Mr. Saviano:

In your letter dated September 26, 1996, on behalf of your client Sunboy Company Inc., you requested a classification ruling. A sample was submitted for examination and will be returned as per your request.

The submitted sample is stated to be made in China and constructed of 100% nylon fabric. Examination reveals that the fabric is woven. The sample is a folding umbrella with a spring loaded top so that when it is unsnapped from its folded position, it opens up to an umbrella that measures approximately 20 inches in diameter. The umbrella has no shaft and handle but is fitted on the inside with an adjustable headband which enables it to be worn on the head. The headband can be adjusted for different head sizes by means of a braided cord, threaded in and out of the headband, that can be tied. Attached to either side of the headband is a 1/4 inch adjustable braided neck strap which helps to keep the umbrella hat on the head.

The Explanatory Notes to Chapter 65 states that the Chapter covers... " hats and other headgear of all kinds, irrespective of the materials of which they are made and of their intended uses (daily wear, theatre, disguise, protection, etc.)" . The sample umbrella, designed to be worn on the head, is therefore considered headgear of Chapter 65.

The applicable subheading for the Umbrella Hat will be 6505.90.7090, Harmonized Tariff Schedule of the United States (HTS), which provides for "Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece (but not in strips), whether or not lined or trimmed; hair-nets of any material, whether or not lined or trimmed: Other: Of man-made fibers: Other: Wholly or in part of braid... Other: Other.". The duty rate will be 7.1 percent ad valorem..

The umbrella hat falls within textile category designation 659. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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 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 Martin Weiss at 212-466-5881.


Roger J. Silvestri

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