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HQ 087947


January 16, 1991

CLA-2 CO:R:C:G 087947 CC

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.2060, 6505.90.5060, 6505.90.7060

Ms. Charlotte Ricco
Assistant Manager
Thomas C. Promotion, Inc.
20 Garvies Point Road
Glen Cove, N.Y. 11542

RE: Classification of baseball-style caps; caps of man-made fibers with braid, 3/16-inch wide and greater, between peak and crown classifiable as in part of braid; woven cotton cap classifiable under subheading 6505.90.20

Dear Ms. Ricco:

This letter is in response to your inquiry concerning the tariff classification of baseball-style caps. Samples were submitted for examination.

FACTS:

The merchandise at issue is baseball-style caps. You have submitted four samples for classification, designated by you as styles 6002, 6320, 6279, and 6002NR. Each of the caps has a noncontrasting braid, which measures approximately 9 inches long, between the peak and the crown of the cap.

For Style 6002, the crown and the top of the visor are made of a woven blend of 60 percent cotton and 40 percent polyester, and the underside of the visor is made of 100 percent polyester. The braid has a width of 5/16-inch.

For Style 6320, the front panel and the outer shell of the visor are made of 100 percent knit polyester. The back of the cap is made of 4 panels, composed of 100 percent nylon knit mesh, sewn together. The braid has a width of 3/16-inch.

For Style 6279, the crown and the outer shell of the visor are made of 100 percent knit polyester fabric. The braid has a width of 3/16-inch.

For Style 6002NR, The crown and the outer shell of the visor are made of 100 percent woven nylon fabric. The braid has a width of 3/16-inch.

ISSUE:

Whether the submitted cap made of a blend of 60 percent cotton and 40 percent polyester fabric is classifiable under subheading 6505.90.20 of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA)?

Whether the submitted caps of man-made fibers are 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.

The submitted caps are classified in Heading 6505, which provides for hats and other headgear. The crown and the visor top of Style 6002 are made of a woven blend of 60 percent cotton and 40 percent polyester. Additional U.S. Rule of Interpretation 1(d) provides that the principles of Section XI regarding mixtures of two or more textile materials shall apply to the classification of goods in any provision in which a textile material is named. Note 2 and subheading note 2 to Section XI provide that articles of a mixture of two or more textile materials are to be classified as if consisting wholly of that one textile material which predominates by weight over each other single textile material. Since cotton predominates by weight for Style 6002, it is classifiable under subheading 6505.90.20, HTSUSA, which provides for hats and other headgear, other, of cotton, not knitted.

The remaining samples are classifiable in Heading 6505 as hats and other headgear, other, of man-made fibers. To classify these articles at the eight-digit level, we must determine whether they are "in part of braid." For the in part of braid issue General Note 7, HTSUSA, 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:

...

(ii) "in part of" or "containing" mean 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.

In HRL 088438, dated January 14, 1991, we ruled that a 3/16-inch wide braid on a cap was a significant amount of braid in application of the de minimis rule; therefore, that cap was classifiable as in part of braid. All of the submitted caps of man-made fibers contain a braid 3/16-inch wide or greater. Therefore these caps are similar to the one classified in HRL 088438 and are classifiable as in part of braid.

HOLDING:

Style 6002 is classified under subheading 6505.90.2060, 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, other, of cotton, flax or both, not knitted, certified hand- loomed and folklore products; and headwear of cotton, other. The rate of duty is 8 percent ad valorem, and the textile category is 359.

Style 6002NR is classified under subheading 6505.90.7060, 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, other, of man-made fibers, other, wholly or in part of braid, other. The rate of duty is 7.2 percent ad valorem, and the textile category is 659.

Styles 6320 and 6279 are classified under subheading 6505.90.5060, 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, other, of man-made fibers, knitted or crocheted or made up from knitted or crocheted fabric, wholly or in part of braid, other. The rate of duty is 7.2 percent ad valorem, and the textile category is 659.

This ruling is effective only for prospective customs transactions involving the subject merchandise and does not apply to entries of merchandise which have been liquidated.

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 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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