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NY A85676




July 26, 1996

CLA-2-65:RR:NC:5:353 A85676

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.6090

Mr. Daniel T. Petrosini
Alpha International
40 Parker Rd., Suite 201
Elizabeth, NJ 07207

RE: The tariff classification of a blinking Santa Hat from China.

Dear Mr. Petrosini:

In your letter dated July 11, 1996, on behalf of Spencer Gifts Inc., you requested a classification ruling.

The submitted sample Article No. 469114 is a blinking Santa Hat consisting of knit nylon fabric. The hat is a stocking cap design that can light up with the use of miniature lamps om the pom pom and base of the hat powered by a battery module on the inside of the hat.

The applicable subheading for Article No. 469114 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. The duty rate will be 35.8 cents/kg +12.7 percent ad valorem.

Style No. 469114 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.

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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