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NY L80669

November 16, 2004

CLA-2-42:RR:NC:3:353 L80669


TARIFF NO.: 6505.90.2060; 4202.92.0807

Mr. Brian Bono
561 Airport South Parkway, Suite 100
Atlanta, GA 30349

RE: The tariff classification of a hat and an insulated lunch bag from China.

Dear Mr. Bono:

This letter replaces the ruling letter we sent to you under file number K89950. You have informed this office that the hat will be constructed of woven cotton fabric rather than man-made fiber fabric. This letter that follows reflects that change.

In your letter dated October 11, 2004, on behalf of Zebco Fishing Products, you requested a classification ruling for a hat and an insulated lunch bag.

You have submitted three samples with your request. No style numbers were submitted.

The first item is a bucket style hat composed of 100% woven cotton fabric. The hat has a crown and a 2” brim.

The second item, described as sample YDMICKSTBAG, is an insulated lunch bag principally used as a carrying bag to maintain the temperature of food and beverages during travel. It is manufactured with an exterior surface of man-made fiber textile materials. It measures approximately 10”(W) x 8”(H) x 2 ½”(D). The bag has a top carrying handle and it is secured by means of a textile zippered closure on three sides of the bag.

The applicable subheading of the bucket style hat will be 6505.90.2060, 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: Other: Of cotton, flax or both: Not knitted: Certified hand-loomed and folklore products; and headwear of cotton Other." The duty rate will be 7.5% ad valorem.

The applicable subheading for the insulated lunch bag will be 4202.92.0807, HTS, which provides for insulated food and beverage bags, with outer surface of textile materials, other, of man-made fibers. The duty rate will be 7% ad valorem.

You have also requested a classification ruling for an item identified as sample “RBAPACK” shoulder bag. However, we are unable to issue a classification ruling at this time. Your request for a classification ruling should include: 1) Copies of any sales or advertising literature you may have showing how the item is used. 2) Item style number. 3) A statement as to whether classification advice has been sought from a Customs officer; and if so, from whom, and what advice was rendered, if any. When this information is available, you may wish to resubmit your request for a classification ruling.

Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

HTS 6505.90.2060 falls within textile category 359 and HTS 4202.92.0807 falls within textile category designation 670. Based upon international textile trade agreements these products are not currently subject to quota and the requirements 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 Kevin Gorman at 646-733-3041.


Robert B. Swierupski

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