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NY N021320

January 16, 2008



TARIFF NO.: 6505.90.8090

Ms. Nichole Angellette Allen
VF Imagewear, Inc.
545 Marriot Dr., Suite 200
Nashville, TN 37214

RE: The tariff classification of a hat from Honduras.

Dear Ms. Allen:

In your letter received in this office on December 28, 2007, you requested a classification ruling. As requested, the sample will be returned.

The submitted sample is a Style HP60 Unisex Chef’s Hat constructed of woven 80% polyester, 20% cotton fabric. The traditional toque-style chef hat is brimless and the features an adjustable hook and loop strip.

The applicable subheading for the Style HP60 Unisex Chef’s Hat will be 6505.90.8090, 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 fabricOther: Of man-made fibers: Other: Not in part of braid, Other: Other: Other." The general rate of duty will be 18.7 cents /kg + 6.8% 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With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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.

In your ruling request, you refer to the Dominican Republic-Central America-United States Free Trade Agreement (DR-CAFTA) and ask if non-originating materials only require a single transformation to be considered qualifying for duty preference. There are a number of requirements for a good to qualify for duty preference under DR-CAFTA; among those, for hats classified in heading 6505, each of the non-originating materials used to make the hat must satisfy the changes in tariff classification required under HTSUS General Note 29(n)/65.2. In addition, specific information regarding the origin of the fabric, and where the cutting of the components and sewing of the hat occurs is necessary in order to make a determination regarding eligibility under the DR-CAFTA.

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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