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HQ 953465




April 21, 1993

CLA-2 CO:R:C:T 953465 jlj

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.7090

Ms. Joanna Barr
Radix Group International , Inc.
129 N. Hamilton Road
Columbus, Ohio 43213

RE: Classification of a polyester baseball-style cap with braid

Dear Ms. Barr:

In your letter of February 19, 1993, you requested a tariff classification ruling under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) for a polyester baseball-style cap with braid from the Philippines. You submitted a sample cap along with your letter.

FACTS:

The cap submitted is made of 100 percent polyester knit material. It consists of a front knit panel, a knit peak/visor, four back mesh panels, a top button and an adjustable plastic closure. There is a flat braid, which is approximately 1/8 of an inch wide and 9 inches long. The braid is the same color as the cap and is located between the visor (peak) and the crown of the cap.

ISSUE:

Is the cap classified 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 (GRIs), taken in order. GRI 1 provides that classification shall be according to the terms of the headings and any relevant section or chapter notes.

In Customs Headquarters Ruling Letter 988438 (HRL) of January 14, 1991, a similar baseball-style cap with braid measuring 3/16 inch wide was found to be "in part of braid" and was classified under the provision for other hats and headgear, of man-made fibers: other: wholly or in part of braid, in subheading 6505.90.7060, HTSUSA.

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.

Upon examination of the instant cap, we believe that the amount of braid on the instant cap is significant, therefore this cap is classified as in part of braid.

HOLDING:

The instant cap is classified under the provision for hats and other headgear, of man-made fibers: other: wholly or in part of braid: other, in subheading 6505.90.7090, HTSUSA, textile category 659, dutiable at the rate of 7.2 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. Inasmuch as 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
Commercial Rulings Division

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