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August 16, 1999

CLA-2-65:RR:NC:3:353 E85427

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.7090, 6505.90.8090

Mr. Lou Piropato
Daniel F. Young, Inc.
17 Battery Place
New York, N.Y. 10004-1101

RE: The tariff classification of hats from China.

Dear Mr. Pirpato:

In your letter dated August 3, 1999 you requested a classification ruling.

Three sample hats were submitted with your request. 1- Item No. 5552, government “City Camo” boonie hat has a flat crown, four vents around the hat, approximately a 2” brim and a braided chin strap, that keeps the hat in place, 2- Item No.5600, boy’s camouflage cap, six panel baseball style cap with plastic adjustable back strap, 3- Item 9540, black street cap, baseball style, five panel cap with two vents on each side, and adjustable strap at the back All three samples are of woven fabric and you state that they are made from 50%cotton/50% polyester fabric.

For the classification of merchandise stated to be comprised of 50 percent cotton and 50 percent man-made fiber blended fabric, the Customs Service will apply the rule established in GRI 3(c) of the HTSUSA, and require duty payment based on the subheading which occurs last in numerical order among those which equally merit consideration. Even a slight change in the fiber content may result in a change of classification, as well as, visa and quota requirements. The hats may be subject to U.S. customs’ laboratory analysis at the time of import and if the fabric is other than a 50/50 blend it may be reclassified by Customs at that time.

The applicable subheading for Item No. 5552, 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% ad valorem.

The applicable subheading for Item Nos. 5600 and 9540 will be 6505.90.8090, Harmonized Tariff Schedule of the United States (HTS), which provides for “Hats and other headgear,: Of man-made fibers: Other: Not in part of braid, Other: Other: Other.” The duty rate will be 20 .4cents/kg + 7.4% ad valorem.

Item Nos. 5552, 5600 and 9540 fall 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 and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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.

Sincerely,

Robert B. Swierupski
Director,

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