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NY K83664




April 1, 2004
CLA-2-65:RR:NC:3:353 K83664

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.8090

Ms. Rebecca Cheung
Federated Merchandise Group
11 Penn Plaza
New York, NY 10119

RE: The tariff classification of a patchwork cap from China.

Dear Ms. Cheung:

In your letter dated February 27, 2004 you requested a classification ruling. As requested, the samples will be returned to you.

The submitted samples are Style FFF04PW332 Black and Brown Combo Ladies’ Caps. The eight-panel cap consists of a peak, regular one-fabric panels and multiple fabric patchwork panels. The panels are constructed of woven 70% polyester and 30% wool fabric, or woven 65% polyester and 35% wool fabric, or woven 60% wool and 40% rayon fabric; the peak is constructed of woven 65% polyester and 35% wool fabric.

For classification purposes the woven 70% polyester and 30% wool fabric, and the woven 65% polyester and 35% wool fabric are considered to be “of polyester;” the woven 60% wool and 40% rayon fabric is considered to be “of wool.”

The crown surface area is 80% polyester fabrics and 20% wool fabric. The polyester fabrics are also 75% to 80% of the weight and value of the crown. The woven polyester fabric peak only adds to the dominance of the woven polyester fabric, which imparts the essential character to both the caps.

The applicable subheading for the Style FFF04PW332 Black and Brown Combo Ladies’ Caps 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 fabricwhether or not lined or trimmed: Other: Of man-made fibers: Other: Not in part of braid, Other.” The duty rate will be 18.7 cents per kilogram plus 6.8% ad valorem.

Style FFF04PW332 Black and Brown Combo Ladies’ Caps 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 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.

Sincerely,

Robert B. Swierupski
Director,

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