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NY 813651




September 5, 1995

CLA-2-65:S:N:N5:353 813651

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.2060

Mr. Dennis Heck
Tower Group International, Inc.
2400 Marine Avenue
Redondo Beach, California 90278-1103

RE: The tariff classification of baseball cap from China

Dear Mr. Heck:

In your letter dated August 16, 1995 you requested a classification ruling on behalf of your client World Import Co. A sample was submitted for examination.

The submitted sample is an example of how the actual Chinese cap will be designed. The actual imported article is stated to be of woven construction of either 100% cotton or 60% cotton/40% polyester blend and will have embroidered on the front seam of the cap, in large initials, "USA". The brim of the cap will feature alternating red and white wavy stripes and the front two panels of the crown with feature five-pointed stars.

The caps will bear the embroidered "USA" logo and Customs has previously ruled that "USA", being used as a symbol or decoration did not trigger CR 134.46, that is additional marking requirements because of the "proximity rule". This is provided that the cap is legibly and conspicuously and permanently marked to indicate the country of origin to the ultimate purchaser. You indicated that the imported caps will have sewn-in labels as well as hang tags that will state the fabric blend and the country of origin.

The applicable subheading for the baseball caps will be 6505.90.2060, 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; hairnets of any material, whether or not lined or trimmed: Of cotton, flax or both: Not knitted:Certified hand-loomed and folklore products; and headwear of cotton.... Other. The duty rate will be 8 percent ad valorem.

The baseball cap falls within textile category designation 359. As a product of China this merchandise is subject to quota restraints and visa requirements 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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