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HQ 087637


November 6, 1990

CLA-2 CO:R:C:G 087637 DRR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.8060

Ms. Beth Queener
Lynch Marketing International, Inc.
301 East Main Street Suite 750
Lexington, Kentucky 40507

RE: Classification of baseball caps

Dear Ms. Queener:

This is in reference to your letter dated July 11, 1990, requesting the classification of two baseball caps under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

The merchandise at issue is represented by two baseball caps. Both caps are made of neon nylon taslon with a buckram insert behind the front panel of the cap. One style has a strip of braid along the top of the visor. In your letter you state that either style may or may not have embroidery or printing. The caps will be used as a promotional item. Both styles of cap will be manufactured and imported from Taiwan.

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 6505, HTSUSA, provides for hats and other headgear, knitted or crocheted, or made up from lace, felt or other material, whether or not lined or trimmed.

The cap without braid trim is classifiable in subheading 6505.90.8060, HTSUSA, which provides for hats and other headgear, knitted or crocheted, or made up from lace, felt or other material, whether or not lined or trimmed, other, of man-made fibers, other, not in part of braid, other. Subheading 6505.90.7060, HTSUSA, provides for hats and other headgear, knitted or crocheted, or made up from lace, felt or other material, whether or not lined or trimmed, other, of man-made fibers, other, wholly or in part of braid, other. Whether the cap with braid trim is classifiable in subheading 6505.90.8060, HTSUSA, or subheading 6505.90.7060, HTSUSA, is determined by whether it is considered to be in part of braid. General Note 7 to the HTSUSA provides, in pertinent part, that the term "in part of", when used between the description of an article and a material, means that the article contains a significant quantity of the named material. The Note further states that, with regard to such quantitative concepts, it is intended that the de minimus rule apply.

The de minimus rule states that an ingredient or component of an article may be ignored for classification purposes depending upon "whether or not the amount used has really changed or affected the nature of the article, and, of course, its salability." Varsity Watch Company v. United States, 34 CCPA 155, C.A.D. 359 (1947). The Customs Service has determined that an article will be determined to be "in part of braid" if the quantity of braid in the sample submitted serves a useful purpose or affects the nature of the article or increases the salability of the article. See HRL 084340, dated August 9, 1989 HRL 087060, dated August 17, 1990.

It is Custom's position that the amount of braid on the trimmed cap in question is subject to the de minimus rule. The amount of braid serves no useful purpose, does not affect the nature of the article and there is no evidence in the record to show whether or not it enhances the cap's salability. Therefore, both the trimmed and untrimmed caps are classifiable as not in part of braid.

HOLDING:

The trimmed and untrimmed caps are classified under subheading 6505.90.8060, HTSUSA, which provides for hats and other headgear, knitted or crocheted, or made up from lace, felt or other material, whether or not lined or trimmed,
other, of man-made fibers, other, not in part of braid, other, with a duty rate of 22 cents per kilogram, plus 8 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,

John Durant, Director

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