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NY 810808




June 6,1995

CLA-2-65:S:N:N5:353 810808

CATEGORY:CCLASSIFICATION

TARIFF NO.: 6503.00.9000

Mr. Henry E. Kloch Jr.
Henry E. Kloch & Co.
8526 E. Florence Ave.
Downey CA 90240

RE:The tariff classification of the Holiday caps from Taiwan.

Dear Mr.Klock Jr.:

In your letter dated May 25, 1995, on behalf of Prima Creations, you requested a classification ruling.

Two samples of Holiday Christmas caps were submitted with your request. Both caps consist of polyester felt fabric. The Ho, Ho, Ho, Holiday cap is designed as a baseball cap consisting six panels at the crown, a peak and a ajustable strap at the back. At the front of the cap are the words Ho! Ho! Ho!. The second sample is designed as a stocking cap with a white fluffy ball at the end and a stiff peak. At the front of the cap are the words Happy Holidays. Both samples are not considered traditional Christmas items.

The applicable subheading for the holiday caps will be 6503.00.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for Felt hats and other felt headgear, made from the hat bodies, hoods or plateaux of heading 6501, whether or not lined or trimmed: Other. The duty rate will be 14.2 cents/kg + 6.7% + 2cents/article.

The holiday caps fall within textile category designation 459. Based upon international textile trade agreements products of Taiwan are subject to quota restraints and the requirement of a visa.

The designated textile and apparel categories 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.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport

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