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HQ 087750


November 16, 1990

CLA-2 CO:R:C:G 087750 CC

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.2060, 6505.90.6080, 6507.00.0000, 3926.90.3500

Mr. Randy J. Ficke
Executive Vice President
Associated Premium Corporation
1329 Arlington Street
Cincinnati, OH 45225

RE: Classification of various cap components; crowns classifiable in Heading 6505, peaks in Heading 6507, plastic straps in Heading 3926

Dear Mr. Ficke:

This letter is in response to your inquiry of June 19, 1990 requesting tariff classification of various articles used to make baseball style caps. Samples were submitted for examination.

FACTS:

According to your submissions, the following articles will be imported: peaks, crowns, fabric to make the headbands, and plastic pieces for the adjustable straps at the back of the crowns. You have submitted two sample crowns. One crown is made of woven cotton fabric. The front panel of the other crown is made of knit man-made fiber material, and the back panels are made of knit man-made mesh. You state that fabric is imported in spools and is cut to make the headbands. You have submitted two sample headbands. Both samples are made of three materials, but no information was provided to identify these materials.

You state that the articles in question will be imported separately and will be of different colors. These components will be used to make baseball style caps, with the individual caps sometimes being of different colors, e.g., a white visor with a red crown.

ISSUE:

Whether the submitted merchandise is classifiable in Heading 6507 of the Harmonized Tariff Schedule of the United States Annotated (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.

Heading 6507, HTSUSA, provides for the following articles: headbands, linings, covers, hat foundations, hat frames, peaks (visors) and chinstraps, for headgear. The peak is the only article you have submitted that is listed in this heading. Therefore the peaks are classifiable in Heading 6507.

Hat crowns are not specifically provided for in Heading 6507. In addition, GRI 2(a) states the following:

Any reference in a heading to an article shall be taken to include a reference to that article incomplete or unfinished, provided that, as entered, the incomplete or unfinished article has the essential character of the complete or finished article.

In HRL 085174, dated September 7, 1989, we ruled that a cap crown had the essential character of a hat and was classifiable as a hat or other headgear in Heading 6505, HTSUSA, in application of GRI 2(a). The submitted crowns are similar to the one classified in HRL 085174. Therefore the submitted crowns are classifiable in Heading 6505.

Although headbands are specifically provided for in Heading 6507, you are importing spools of fabric. We do not believe that this fabric is identifiable by its shape or other characteristics as an article solely or principally used as headbands. Therefore this fabric is not classifiable as headbands in Heading 6507. Because we do not have information concerning the composition of the constituent materials used in fabricating this merchandise, we are unable to classify it at this time.

The plastic pieces, which will be used for the adjustable straps, are classifiable in Chapter 39, which provides for plastics and articles thereof.

HOLDING:

The crown made of woven cotton fabric 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, headwear of cotton, other. The rate of duty is 8 percent ad valorem, and the textile category is 359.

The crown made of knit man-made fibers is classified under subheading 6505.90.6080, 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, not in part of braid, other, other. The rate of duty is 39.7 per kilogram plus 14.1 percent ad valorem, and the textile category is 659.

The submitted peaks are classified under subheading 6507.00.0000, HTSUSA, which provides for headbands, linings, covers, hat foundations, hat frames, peaks (visors) and chinstraps, for headgear. The rate of duty is 1.3 percent ad valorem.

The submitted plastic pieces used for adjustable straps are classified under subheading 3926.90.3500, HTSUSA, which provides for other articles of plastics and articles of other materials of Headings 3901 to 3914, other, articles thereof, not elsewhere specified or included, other. The rate of duty is 6.6 percent ad valorem.

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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