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NY 812449




July 21, 1995

CLA-2-65:S:N:N5:353 812449

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.8090

Ms. Nancy L. Linday
Frank N. Abate, Inc.
6 East 39 Street
New York. N.Y. 10016

RE: The tariff classification of cap/visor from China

Dear Ms. Linday:

In your letter dated July 10, 1995 you requested a classification ruling for a cap/visor. A sample was submitted for examination.

The sample is stated to be patented and trademarked with the name "Vicap Brand Convertible Cap/Visor. It is stated to be manufactured in China of 65% polyester and 35% cotton fabric. The fabric upon examination was found to be not knit. The "Vicap" is a baseball type cap in which the crown peels off to leave a visor underneath. A velcro strip, sewn under the crown and the use of velcro adhering fabric in the billboard area of the visor allows the crown to be affixed to the visor making it function as a cap.

The article is considered a composite good in which the components can function as a visor or as a cap. No one component or function provides the essential charaacter of the article and it is therefore classifiable under GRI 3(c) which provides for classification under the heading which occurs last in numerical order among those which equally merit consideration. In this instance this is 6505.90.8015 (HTS) for the visor vs. 6505.90.8090 (HTS) for the cap.

The applicable subheading for the cap/visor will be 6505.90.8090, Harmonized Tariff Schedule of the United States (HTS), 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; hair-nets of any material, whether or not lined or trimmed: Other: Of man-made fibers: Other: Not in part of braid...Other: Other: Other The duty rate will be 7.9 percent advalorem plus 21.7 cents per kilogram. The cap/visor falls within textile category designation 659. As a product of China this merchandise may subject to visa requirements and quota restraints based upon international textile trade agreements.

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.

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

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