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NY L82346




March 2, 2005

CLA-2-65:RR:NC:3:353 L82346

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.8090, 6505.90.2060, 6505.90.1540

Mr. Ron Sachs
Jacob Ash Holdings, Inc.
301 Munson Ave.
McKees Rocks, PA 15136

RE: The tariff classification of hats from China.

Dear Sachs:

In your letter dated February 1, 2005 you requested a classification ruling.

Seven samples were submitted with your request. Style 45-405, reversible crusher style hat composed of woven cotton fabric on one side and woven polyester blaze on the reverse side.

Style45-407, camouflage woven cotton baseball cap with mesh back and adjustable strap.

Style 45-409, camouflage woven cotton baseball cap with elasticized strap.

Style 45-415, camouflage woven cotton crusher hat with a polyester mesh insert.

Style 45-417, camouflage knit cotton mesh baseball cap with adjustable strap.

Style 45-405, reversible hat is constructed of two fabrics and classifiable under subheadings 6505.90.20 and 6505.90.80. As there is no one fabric that imparts the essential character to the merchandise, it shall be classified in accordance with GRI 3(c) under the heading that occurs last in numerical order in the HTS.

     The applicable subheading for the reversible hat, style 45-405 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 fabricOther: Of man-made fibers: Other: Not in part of braid, Other: Other: Other.” The rate of duty will be 18.7 cents /kg + 6.8% ad valorem. The textile category designation is 659.

  The applicable subheading for styles 45-407, 45-409, and 45-415 and will be 6505.90.2060, Harmonized Tariff Schedule of the United States (HTS), which provides for “Hats and other headgear, knitted or crocheted, whether or not lined or trimmed: 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 textile category designation is 359.

The applicable subheading style 45-417 will be 6505.90.1540, 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: Knitted...Of cotton: Other: Other." The duty rate will be 7.9% ad valorem. The textile category designation is 359.

As per the Binding Rulings Program requests will contain a maximum of 5 items in order to be accepted. We cannot classify styles 45-410 and 45-956. You must resubmit the request for these items.

Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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