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HQ 087327


July 3, 1990

CLA-2 CO:R:C:G 087327 JS

CATEGORY: CLASSIFICATION

TARIFF NO: 6505.90.2500

Yolanda Landau
Milton Snedeker Corporation
105 Chambers Street
New York, NY 10007

RE: Pile Lined Hood

Dear Ms. Landau:

This is in reference to your letter of May 1, 1990, on behalf of RefrigiWear Inc., requesting classification of a pile lined hood under the Harmonized Tariff Schedule of the United States Annotated ("HTSUSA").

FACTS:

The sample at issue is a hood made of a 100 percent cotton outer material which is lined with an orlon pile material. There is a knit fabric edge which lines the top front opening of the hood, presumably for added warmth and wind blockage. A drawstring on the bottom edge of the hood provides an adjustable fit; a Velcro tab secures the front flap closure, and two snaps are in place at the bottom rear of the hood. According to descriptive literature included with your submission, these snaps are intended for attachment of style no. 332 jacket and style no. 543 overall manufactured by importer. The importer confirms that these latter garments are for separate purchase.

The sample will be returned under separate cover as requested.

ISSUE:

Whether the merchandise at issue qualifies as headgear for purposes of classification under the HTSUSA?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI), taken in order. GRI 1 provides that the classification shall be determined according to the terms of the headings and any relevant section or chapter notes.

Heading 6505, HTSUSA, provides, in relevant part, for hats and 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 trimmed. The Explanatory Notes ("EN") constitute the official interpretation of the tariff at the international level. EN 65.05(9) states that the heading includes hoods. The subnote to EN 65.05(9) indicates that detachable hoods for capes, cloaks, etc., presented with the garments to which they belong, are, however, excluded, and classified with the garments according to their constituent materials. The separate importation of the subject hoods from the garments for which they are designed is substantiated by the importer's statements as well as the descriptive literature provided. Therefore, EN 65.05(9) subnote does not apply in this case, and classification is appropriate in heading 6505, HTSUSA.

HOLDING:

The merchandise at issue is classified under subheading 6505.90.2500, HTSUSA, which provides for hats and 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 trimmed; hair nets of any material, whether or not lined or trimmed; other: of cotton, flax or both: Not knitted: other, textile category number 859. The rate of duty is 8 percent ad valorem.

The designated textile and apparel category may be subdivided into parts. If so, the 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, to obtain the most current information available we suggest you check, close the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an issuance of the U.S. Customs Service which is updated weekly and is available for inspection at your local Customs office.

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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