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NY N012853




June 29, 2007

CLA-2-65:RR:NC:N3:353

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.3090, 6505.90.6090

Ms. Mindy Hu
The Glove Source, Inc.
9104 Guilford Rd., Suite 1-D
Columbia, MD 21046

RE: The tariff classification of hats from China.

Dear Ms. Hu:

In your letter dated June 15, 2007, you requested a classification ruling. The samples will be returned to you.

Styles 7846, 9883, 7850 and 9850 are made of knit 85% wool/15% acrylic fabric. Style 48016 is made of knit 50% cotton/50% acrylic fabric. Style 5010 is made of knit 100% acrylic fabric.

Styles 7846, 7850 and 9850 are Peruvian style hats with a fleece lining earflaps and a twisted length of fabric with a tassel extending from each earflap. Style 7846 has a twisted length of fabric with a tassel at the top. Style 7850 and 9850 are identical in style and fabric content except for different customers. Style 9883 is a ski-style hat with a fleece fabric lining. Style 48016 is a ski-style hat without lining. Style 5010 is a Peruvian style hat with a tassel extending from the earflaps and a full fleece lining.

Due to the fact that the hat, Style 48016 is to be constructed of a 50/50 blend of fibers, it is classified using HTSUS Section XI Note 2(A) and Subheading Note 2(A). The 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, as well as visa and quota requirements. The 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 Styles 7846, 9883, 7850 and 9850 will be 6505.90.3090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Hats and other headgearOf wool: Knitted or crocheted or made up from knitted or crocheted fabric, Other: Other." The rate of duty will be 25.4 cents per kilogram plus 7.7% ad valorem. The textile category designation is 459.

 The applicable subheading for the Styles 48016 and 5010 will be 6505.90.6090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric...Other: Of man-made fibers: knitted or crocheted or made up from knitted or crocheted fabric: not in part of braid, Other: Other: Other." The duty rate will be 20 cents per kilogram plus 7% ad valorem. The textile category designation is 659.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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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