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NY 817602




December 14, 1995

CLA-2-65:RR:NC:WA:353 817602

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.6090

Mr. Steven M. Sobelman
Vice President
Fairway Manufacturing Company
2424 Schuetz Road
Maryland Heights, MO. 63043-3315

RE: The tariff classification of an unfinished plush textile hat from China

Dear Mr. Sobelman:

In your letter dated September 22, 1995 you requested a tariff classification ruling. We apologize for the delay in responding to your request but unfortunately your original letter and sample was lost in routing it to a appropriate Field National Import Specialist for a response. A copy of your original letter along with another sample was received by our office on December 13, 1995 from Mr. Ted Galantowicz, Port Director of St. Louis, Missouri and an immediate reply will be prepared. Again we apologize for the delay

The submitted sample consists of an unfinished coonskin hat with an open seam at the back that will be imported into the United States without the racoon tail. Once the item arrives in the United States you intend to have an authentic U.S. processed raccoon tail added to the cap and have the seam sewn closed. The hat is constructed of what is stated to be 100% acrylic knit pile material which simulates the fur of a raccoon.

General Rule of Interpretation (GRI) 2(a) of the Harmonized Tariff Schedule states that "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" The submitted sample has the essential character of the finished hat and will therefore be classified in Chapter 65, Headgear and parts thereof of the Harmonized Tariff Schedule.

The applicable subheading for the unfinished coonskin hat will be 6505.90.6090, 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: Knitted or crocheted or made up from knitted or crocheted fabric: Not in part of braid.....Other: Other: Other. The duty rate will be 13.4 percent ad valorem plus 37.7 cents per kilogram. The duty rate for 1996 will be 12.7 percent ad valorem plus 35.8 cents per kilogram.

The unfinished coonskin hat falls within textile category designation 659. Based upon international textile trade agreements products of China are subject to quota 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. 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.

Your inquiry concerning further manufacturing operations within a free trade zone in East St. Louis should be directed to the U.S. Customs Service, Office of Regulations and Rulings, Entry Rulings Branch, 1099 14 Street. N.W., Washington , D.C. 20229. Should you wish to speak to someone directly, you may call a Mr. William Rosoff at 202-482-7040.

Labeling requirements of the assembled, finished coonskin hat in the United States can be obtained by contacting the Federal Trade Commission , Division of Enforcement, 6th and Pennsylvania Avenue, Washington, D.C. 20508. Should you wish to speak to someone directly, you may call at 202-325-2000. .

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Martin Weiss at 212-466-5881.

Sincerely,

Roger J. Silvestri
Director

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