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NY F83826




April 4, 2000

CLA-2-65:RR:NC:3:353 F83826

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.8090, 6505.90.2060, 6505.90.6090

Mr. Aamir Banduda
Star Investment and Trading L.L.C.
9909 West Roosevelt RD., Suite 204-A
Westchester, Illninois 60154

RE: The tariff classification of hats from Pakistan.

Dear Mr. Bandukda:

In your letter dated March 13, 2000 you requested a classification ruling.

Three samples of baseball style caps were submitted with your request. Sample 1 you state is composed of woven 50% polyester/50% cotton fabric. The cap has a peak; six-panel crown with a fabric covered button at the top and a plastic adjustable strap at the back. Sample 2 is composed of woven cotton fabric and feature a two piece flat crown, two eyelet air vents at each side, peak and a plastic adjustable strap at the back. Sample 3 is composed of two woven 100% cotton panels at the front of the crown and four knit nylon mesh panel at the back. The cap has a fabric-covered button at the top, woven fabric peak and an adjustable plastic strap at the back.

In reference to Sample 1, cap composed of 50/50 polyester/cotton and sample 3, cap consisting of two different fabrics in the crown. There is no one fabric which imparts the essential character to the merchandise. They shall be classified in accordance to GRI 3(c), “When goods cannot be classified by reference to 3(a) or 3(b), they shall be classified under the heading which occurs last in the numerical order among those which equally merit consideration.

Please note, for sample 1even a slight change in the fiber content may result in a change of classification, as well as, quota and visa requirements. The merchandise 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 sample 1 will be 6505.90.8090, 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: Of man-made fibers: Not in part of braid, Other: Other: Other.” The duty rate will be 20 cents/kg + 7.3% ad valorem.

The applicable subheading for sample 2 will be 6505.90.2060, Harmonized Tariff Schedule of the United States (HTS), which provides for “Hats and other headgear, knitted or crochetedlined or trimmed: Other: Of cotton, flax or both: Not knitted: Certified hand-loomed and folklore products; and headgear of cotton, Other.” The duty rate will be 7.7% ad valorem.

The applicable subheading for sample 3 will be 6505.90.6090, Harmonized Tariff Schedule of the United States (HTS), which provides for “Hats and other headgear, knitted or crochetedlined or trimmed: Of man-made fibers: Not in part of braid, Other: Other: Other.” The rate of duty will be 27.9 cents/ kg + 9.8% ad valorem.

Samples 1 and 3 fall within textile category designation 659 and sample 2 within textile category 359. Based upon international textile trade agreements products of Pakistan 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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