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HQ 084612


August 03, 1989

CLA-2:CO:R:C:G 084612 SR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6504.00.9015

Mr. Daniel Rainer
Hasbro
32 West 23rd Street
New York, N.Y. 10010

RE: Classification of hats

Dear Mr. Rainer:

This is in reference to your letter dated April 17, 1989, requesting the classification of hats under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Samples produced in Taiwan were submitted.

FACTS:

The merchandise at issue is hats made from 100 percent polypropylene strips. The polypropylene strips have been plaited and are under 5 millimeters in the apparent width. The hats are made by sewing the strips spirally together, starting from the crown where each spiral overlaps the previous one. The hats have brims of the same construction and are trimmed with chin straps, ribbons and flowers.

ISSUE:

Whether the polypropylene strips are considered a textile or a plastic for classification purposes.

LAW AND ANALYSIS:

Heading 6504, HTSUSA, provides for hats and other headgear, plaited or made by assembling strips of any material, whether or not lined or trimmed. Further breakout of the tariff is
determined by whether the strips are considered plastics or textile. Heading 5404, HTSUSA, provided in part for strip and the like (for example artificial straw) of synthetic textile materials of an apparent width not exceeding 5 mm. The Explanatory Notes provide the official interpretation of the tariff at the international level. The Explanatory Notes to heading 5404, HTSUSA, read in part as follows:

(2) Strip and the like, of synthetic textile materials. The strips of this heading are flat, of a width not exceeding 5 mm, either produced by extrusion or cut from wider strips or from sheets.

The strips that makeup the hats at issue measure less than 5 mm in width, and therefore are considered to be of textile material.

HOLDING:

The merchandise at issue is classifiable under subheading 6504.00.9015, HTSUSA, as hats, plaited or made by assembling strips of any material, whether or not lined or trimmed, other, sewed, of manmade fiber.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director

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