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NY J84544

June 9, 2003

CLA-2-65:RR:NC:3:353 J84544


TARIFF NO.: 6505.90.6040

Ms. Evelyn P. Milling
Kmart Corporation
Resource Center
3100 West Big Beaver Road
Troy, MI 48084-3163

RE: The tariff classification of a hat from China.

Dear Ms. Milling:

In your letter dated May 6, 2003, you informed this office that the fiber content and country of origin has changed for Style # 9220, for which you received ruling NY J82741, dated April 11, 2003. This ruling reflects the current fiber content and country of origin of Style # 9220.

The Style # 9220 Ladies Newsboy Cap is constructed of knit 50.4% polyester, 34.4% rabbit hair, 11% nylon and 4.2% wool fabric. The cap has a pinch/fold body to create the look of an actual seam between the crown and the hatband and brim.

The applicable subheading for the Style # 9220 Ladies Newsboy Cap will be 6505.90.6040, 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 fabricwhether or not lined or trimmed: Other: Of man-made fibers: Knitted or crocheted or made up from knitted or crocheted fabric: Not in part of braid, Other: Containing 23 percent or more by weight of wool or fine animal hair.” The duty rate will be 22 cents per kilogram plus 7.7 percent ad valorem.

Style # 9220 falls within textile category designation 459. 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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 646-733-3053.


Robert B. Swierupski

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