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NY J88961

October 7, 2003

CLA-2-65:RR:NC:3:353 J88961


TARIFF NO.: 6505.90.6090

Ms. Karen Quintana
New Wave Logistics (USA) Inc.
2417 E. Carson St., Suit 200
Long Beach, CA 90810

RE: The tariff classification of novelty hats from China.

Dear Ms. Quintana:

In your letter dated September 26, 2003, on behalf of Six Flags Inc., you requested a classification ruling.

Two samples of novelty hats identified as “Pip Hats” were submitted with your request. The hat are made of knit polyester fabric. One hat is faux pink fur with a 5” high crown and 3 ½” brim. The second has wire around the edge of the 5” brim and has approximately a 4” high crown. The edge of the brim and hat band are a leopard print design.

The Explanatory Notes (EN) constitute the official interpretation of the Harmonized System at the international level. The General Explanatory Note to Chapter 65 states “this Chapter covers hat-shapes, hat-forms, hat bodies and hoods, and hats and other headgear of all kinds, irrespective of the materials of which they are made and of their intended use (daily wear, theatre, disguise, protection, etc.).” The item is considered headgear of Chapter 65. See ruling HQ 961728, dated April 8, 1999 for a detailed explanation.

The applicable subheading for the “Pip Hats” will be 6505.90.6090, Harmonized Tariff Schedule of the United States (HTS), which provides for " Hats and other headgear, knitted or crochetedOther: Of man-made fibers: Knitted or crocheted or made from knitted or crocheted fabric: Not in part of braid, Other: Other; Other. The duty rate will be 22 cents/kg + 7.7% ad valorem. The textile category is 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 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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