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February 16, 1999

CLA-2-65:RR:NC:3:353 D87442


TARIFF NO.: 6505.90.2060; 6505.90.6090

Ms. Donna Segro
Tommy Hilfinger
Pepe Jeans USA, Inc.
35 Henry St.
Secaucus, NJ 07094

RE: The tariff classification of hats from China and Hong Kong.

Dear Ms. Segro:

In your letter dated January 26, 1999 you requested a classification ruling.

Three samples of hats were submitted with your request. The Velcro Patch Downer, style #67-0401164 consists of woven 100% cotton corduroy fabric. It has a flat crown and a two inch brim. Style #67-0401154, Dena Plaid Downer is made from woven 100% cotton fabric and is also designed with a flat crown and a two inch brim. Style 95-0401147, the Mulder Skulley cap consists of knit 80% nylon and 20% lycra fabric and is designed to fit tightly on the head with a 1 ½" elastic band encompassing the hat.

The applicable subheading for styles #s67-0401154 and 67-0401164 will be 6505.90.2060, 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 cotton, flax or both: Not knitted: Certified hand-loomed and folklore products; and headwear of cotton, Other. The duty rate will be 7.8% ad valorem.

The applicable subheading for Style # 67-95-0401147 will be 6505.90.6090, Harmonized Tariff Schedule of the United States (HTS), which provides for “Hats and other headgear, knitted or crocheted,...: Other: Of man-made fibers: Knitted or crocheted or made up from knitted or crocheted fabric: Not in part of braid, Other, Other.” The rate of duty will be 29.8 cents/kg + 10.6% ad valorem.

Style #s67-0401154 and 67-0401164 fall within textile category designation 359 and style #95-0401147 falls within textile category 659. Based upon international textile trade agreements products of China and Hong Kong 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 Kenneth Reidlinger at 212-637-7084.


Robert B. Swierupski

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