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NY R00341

May 18, 2004
CLA-2-65:RR:NC:3:353 R00341


TARIFF NO.: 6505.90.6040

Mr. Andrzeg Bania
5329 Parent
Warren, MI 48092

RE: The tariff classification of a hat from Poland.

Dear Mr. Bania:

In your letter dated May 5, 2004 you requested a tariff classification ruling. An electronic image of the merchandise was supplied.

The merchandise is a plain children’s cuff hat constructed of knit 50% wool/50% acrylic fabric. The hat features a large turned-up cuff and two pompoms on the top of the hat secured by narrow fabric.

Due to the fact that the plain children’s cuff hat is to be constructed of a 50/50 blend of fibers, it is classified using HTSUSA Section XI Note 2(A) and Subheading Note 2(A). The plain children’s cuff hat will be classified as if it consisted wholly of that one textile material which is covered by the heading which occurs last in numerical order among those which equally merit consideration. Even a slight change in the fiber content may result in a change of classification. The plain children’s cuff hat may be subject to Customs laboratory analysis at the time of importation, and if the fabric is other than a 50/50 blend it may be reclassified by Customs at that time.

The applicable subheading for the plain children’s cuff hat 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 20 cents per kilogram plus 7% ad valorem.

There are no quota restrictions or visa requirements on this merchandise.

Your inquiry does not provide enough information for us to give a classification ruling on Marking, Country of Origin, or Applicability of a Trade Program or Trade Agreement. Your request for a ruling should include a style number and:

A sample of the hat as you propose to mark it must be furnished.

Country of Origin
A detailed description of the manufacturing process including the country in which each process occurs. This includes: Formation of the yarn
Formation of the fabric (or knitting to shape) Cutting of any pieces to shape
Country where any “parts” originate (pompoms, string ties, bands, etc.)

Applicability of Trade Programs or Trade Agreements Specify the Trade Program or Trade Agreement for which you seek a ruling. Provide a detailed description of the manufacturing process (from formation of the yarn, forward).

When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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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