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NY K80859

December 17, 2003
CLA-2-65:RR:NC:3:353 K80859


TARIFF NO.: 6505.90.2060

Mr. Charles D. Ashear
Paris Asia, Ltd.
350 Fifth Avenue
Floor 70
New York, NY 10118

RE: The tariff classification of a cap from China.

Dear Mr. Ashear:

In your letter dated December 4, 2003, you requested a classification ruling. As requested, the sample will be returned to you.

Your submitted sample, style 65-9401W61 is a baseball-style cap. The cap features five panels, one large front panel and two side panels of woven cotton fabric and 2 back panels of knit mesh nylon fabric. The cap also has a woven cotton fabric peak, fabric covered button at the top, thin strip of braid between the crown and peak, and an adjustable plastic strap at the back. The large front panel will have assorted designs of machine made embroidery. Since two thirds of the crown, and the peak are constructed of woven cotton fabric, the woven cotton fabric imparts the essential character of the cap.

The applicable subheading for style 65-9401W61 will be 6505.90.2060, Harmonized Tariff Schedule of the United States (HTS), which provides for hats and 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 . . .: other: of cotton . . .: not knitted . . .: headwear of cotton, other. The 2003 duty rate will be 7.6 percent ad valorem. The 2004 duty rate will be 7.5 percent ad valorem.

Style 65-9401W61 falls within textile category designation 359. China is a member of the World Trade Organization (WTO), and style 65-9401W61 is not subject to quota or the requirements of a visa.

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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