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HQ 087321


August 10, 1990

CLA-2 CO:R:C:G 087321 DRR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.6080

Mr. Christopher L. Thayer
Hallmark Cards, Inc.
2501 McGee-Mail Drop #376
P.O. Box 419580
Kansas City, Missouri 64141-6580

RE: Classification of infant's bonnets

Dear Mr. Thayer:

This is in reference to your letter dated April 26, 1990, requesting the classification of two bonnets under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

The merchandise at issue is represented by two bonnets for infants. The bunny bonnet, style 895HJR4086, is made of a nylon and polyester blend fabric that has been brushed to form a napped surface. The bonnet has an imitation fur strip along the front, two bunny ears attached at the crown, a bow trimmed with two small pom-poms and a chin strap secured by hook and loop fastener. The pumpkin hat, style 895HJR4076, is made of 100 percent nylon knit fabric, the inner lining of which has been brushed to create a napped surface. The pumpkin hat has a stem and leaf at the crown, a bow at one side and a chin strap secured by hook and loop fastener. Included with the samples are copies of promotional materials from a Halloween and Thanksgiving catalogue which offer these bonnets, as well as matching diaper covers and booties, for sale.

ISSUE:

What is the classification of the merchandise at issue?

LAW AND ANALYSIS:

Classification under the HTSUSA is in accordance with the General Rules of Interpretation (GRI), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes. Heading 9505, HTSUSA, provides for festive, carnival or other entertainment articles. Heading 6505, HTSUSA, provides for hats and other headgear of knitted or crocheted fabrics. Heading 6111, HTSUSA, provides for babies' garments and clothing accessories, knitted and crocheted.

The bonnets at issue are designed and advertised for use particularly at Halloween, for the pumpkin and bunny motifs and possibly Easter, for the bunny motif. Although these bonnets are novelty headwear, not designed for everyday wear and use, they do have utilitarian value and are usable as bonnets. They are not articles traditionally associated with the Easter and Halloween holidays and are therefore not festive articles as provided for in heading 9505.

The Explanatory Notes to the HTSUSA constitute the official interpretation of the tariff at the international level and may be consulted for guidance as to the correct international interpretation of the various HTSUSA provisions. The Explanatory Notes to heading 6111 exclude bonnets from that chapter and state that they are more specifically provided for under heading 6505.

Heading 6505, HTSUSA, provides for hats and other headgear, knitted or crocheted. Note 1(c), Chapter 65, states that doll's hats, other toy hats or carnival articles of Chapter 95 are excluded from that chapter. However, the bonnets here at issue are not within the purview of that exclusion, and therefore appropriately classified under Heading 6505.

HOLDING:

The bonnets are classified under subheading 6505.90.6080, HTSUSA, as hats and other headgear, of man made fibers, knitted or crocheted, not in part of braid, other, with a duty rate of 39.7 cents per kilogram, plus 14.1 percent ad valorem, and subject to textile category 659.

Due to the changeable nature of the statistical annotation and the restraint (quota/visa) categories applicable to textile merchandise, the importer should contact the local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

Sincerely,


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