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HQ 087642


October 31, 1990

CLA-2 CO:R:C:G 087642 jlj

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.8060

Mr. J. K. Choi
Transair-International Corp.
Building 89, JFK Airport
Jamaica, New York 11430

RE: Classification of Braided Baseball Style Caps

Dear Mr. Choi:

You requested a tariff classification ruling under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) for two braided baseball-style caps imported from South Korea. Two sample caps, styles 6019N and 6499, were submitted along with your request.

FACTS:

Style 6499 is marked "Nylon," while style 6019N is marked "100% Nylon." Both have visors in front (otherwise known as "peaks") and adjustable plastic closures at the back. Both have braids (of the same color as the cap) which run across the front of the cap, over the peak. The braid on style 6499 measures approximately 9-1/2 inches in length and approximately 1/8 inch in width. The braid on style 6019N measures approximately 9-1/2 inches in length and approximately 3/16 inch in width.

The exterior of Style 6499 is iridescent yellow in color as is most of the interior, and is lined in the front part of the cap with a textile material. Style 6019N is white and has a stiff, roughly rectangular textile mesh insert in the front of the cap, which props up the front and helps air circulate over the wearer's forehead. Both styles have textile sweatbands.

Style 6019N has the letters "USA" embroidered in red, white and blue on the front of the cap and has a hang tag stating that it is made of waterproof fabric.

No component material breakdown was submitted. You state that both caps are "apparently woven of 100% nylon."

ISSUE:

How are the instant caps classifiable under the HTSUSA? Are they classifiable as "in part of braid" in Heading 6505, HTSUSA?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), 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. Hats made from textile fabric are classifiable in Heading 6505, HTSUSA, according to the material from which they are fabricated.

Subheading 6505.90.70 covers hats of man-made fibers, of fabric other than knitted or crocheted fabric, wholly or in part of braid. Subheading 6505.90.80 provides for hats not in part of braid. It must therefore be determined whether the instant caps are in part of braid or not for tariff purposes.

General Note 7 provides, in pertinent part, the following:

Definitions. For the purposes of the tariff schedule, unless the context otherwise requires--

(e) The terms "wholly of", "in part of", and "containing", when used between the description of an article and a material
(e.g., "woven fabrics, wholly of cotton"), have the following meanings:

(i) "wholly of" means that the goods are, except for negligible or insignificant quantities of some other material or materials, composed completely of the named material;

(ii) "in part of" or "containing" means that the goods contain a significant quantity of the named material.

With regard to the application of the quantitative concepts specified above, it is intended that the de minimis rule apply.

The de minimis rule states that an ingredient or component of an article may be disregarded 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 held that the de minimis rule applied to the "in part of braid" issue means that if the quantity of braid in the submitted sample serves a useful purpose or affects the nature of the article or increases the salability of the article, it will be considered to be in part of braid. See Headquarters Ruling Letter (HRL) 083632 of April 27, 1989; HRL 084083 of July 14, 1989; HRL 084075 of July 14, 1989; and HRL 084340 of August 9, 1989.

Based on the de minimis rule as applied in the cases cited above, the instant caps are not in part of braid because the braid does not serve a useful purpose nor does it affect the nature of the article. Furthermore, there is no evidence that the braid increases the salability of the cap, therefore it cannot be classified as in part of braid. Inasmuch as the caps seem to be wholly of nylon according to the definition in General Note 7 (e)(i), supra, they must be classified as hats of man-made fiber according to GRI 1.

HOLDING:

Based on the facts and the law set forth above, we find that the instant caps are not in part of braid and are classified under the provision for hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric...: other: of man-made fibers: other: not in part of braid: other: other, in subheading 6505.90.8060, HTSUSA. The rate of duty is 8 percent ad valorem plus 22 cents per kilogram. The textile category is 659.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories applicable to the textile merchandise, you should contact your 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, to obtain the most current information available, 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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