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NY A83102




May 7, 1996

CLA-2-65:RR:NC:WA:353: A83102

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.2060

Mr. Gregory E. Zitzer
Willitts Designs
1129 Industrial Avenue
Petaluma, California 94952

RE: The tariff classification of an African Themed Santa Claus Hat from China

Dear Mr. Zitzer:

In your letter dated April 26, 1996, received in our office on April 29, 1996, you requested a classification ruling. Although no sample was submitted of the subject article, you have submitted color photographs.

The article at issue is termed a "Kente Claus Hat". From the photographs and your description it is essentially in the shape of a traditional Red and White Santa Claus hat, but with a "Kente" patterned fabric substituted for the red fabric and black fabric for the traditional white fabric. The patterned fabric is stated to be of 100% woven cotton and the black fabric is stated to be of 100% knit polyester fabric. The patterned fabric is stated to be made in Africa and the black fabric is stated to be made in China where the hat will also be assembled. Being a composite good, the essential character of the article is imparted by the fabric making up the crown of the hat which is the woven cotton components.

It is your contention that the hat should be classified in HTS 9505.10.5020 which provides for festive articles. The hat is not recognizable as being traditionally associated with Christmas festivities. A traditional red and white Santa Claus hat would be considered a hat traditionally associated with Christmas festivities.

The applicable subheading for the "Kente Claus Hat" 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; hair-nets of any material, whether or not lined or trimmed: Other: Of cotton, flax or both: Not knitted: Certified hand-loomed and folklore products; and headwear of cotton..... Other". The duty rate will be 7.9 percent ad valorem.

The hat falls within textile category designation 359. 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.

You also inquire as to country of origin marking. "Made in China with printed fabric from Africa" would be acceptable provided the marking is conspicuous and of a permanent nature to reach the ultimate consumer.

This ruling is being issued under the provisions of Part 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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