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NY N017804





October 22, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.6030, 6505.90.6090

Ms. Anne Amice
10449 Whitebridge Lane
St Louis, MO 63141

RE: The tariff classification of a fleece hat from France.

Dear Ms. Amice:

In your letter received in this office on September 27, 2007, you requested a tariff classification ruling.

The submitted sample Fleece Hat, small (T1) for babies, medium (T2) for children and large (T3) for adults, is constructed of warp knit 100% man made fiber fabric. The tight-fitting hat features six panels and an approximately 2½-inch cuff. For purposes of this ruling the small (T1) hat for babies is assumed to be for ages 0-24 months.

The applicable subheading for the Fleece Hat, small (T1) for babies, will be 6505.90.6030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Hats or 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 trimmedOther: Other: Of man-made fibers: Knitted or crocheted or made up from knitted or crocheted fabric: Not in part of Braid, For babies.” The rate of duty will be 20 cents per kilogram plus 7 percent ad valorem.

The applicable subheading for the Fleece Hat, medium (T2) for children and large (T3) for adults, will be 6505.90.6090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Hats or 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 trimmedOther: 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 rate of duty will be 20 cents per kilogram plus 7 percent ad valorem.

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/.

You state that you will be importing the fleece hat from France, in bulk, in corrugated boxes that will be marked “Made in France.” Subsequent to importation into the United States, the item will be removed from the container and individually marked “Made in France” by means of an adhesive sticker placed on the inside of the fleece hat. There is no retail packaging for the fleece hat.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

Normally, articles of foreign origin imported into the United States must be marked with their country of origin at the time of their importation. However, in certain circumstances Customs has recognized that it is necessary to allow articles to be marked after importation. The exceptions to marking are listed in 19 CFR 134.32. These exceptions do not pertain to the circumstance that you describe and you have failed to demonstrate to Customs that there are significant practical problems involved in affixing the country of origin label prior to importation into the U.S.

The fleece hats must be individually marked at the time of importation with the country of origin, France.

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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