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NY B86381




June 19, 1997

CLA-2-65:RR:NC:3:353 B86381

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.2060, 6505.90.6090

Mr. Rafael Hernandez
The Disney Store, Inc.
101 North Brand Blvd., Suite 1000
Glendale, CA 91203-2671

RE: The tariff classification of Disney character hats from Indonesia.

Dear Mr. Hernandez:

In your letter dated June 5, 1997 you requested a classification ruling. Samples were submitted for examination and will be returned as requested.

The submitted samples are Disney character hats. Styles DK124A-Mickey, DK124B-/Goofy, and stated to consist of 100% cotton woven fabric. Styles DK115-Mickey, DK116-Minnie, DK117-Pooh and DK118-Goofy are stated to consist of knit polyester plush fabric. You also state, that style S#DK124C-Donald Duck, (sample not included) is similar in construction to the 100% woven cotton hats.

Headwear must be marked with the English name of the country of origin. A textile label sewn on an inner seam is the accepted form of marking. Headwear of wool must also be marked to show the fiber content percentage in generic terms. The term all may be used in place of 100%. However, the term pure is not acceptable in lieu of all or 100%. In addition wool headwear must also be marked to indicate at least one of the following: a. Importer's name; or b. Manufacturer's name; or c. RN number; or d. WPL number

The marking statue, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container)will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

As provided in section 134.41(b), Customs "Regulations (19 CFR 134.41(b), the country of origin marking is considered conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of country of country of origin of the article.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

The applicable subheading for Styles DK124A-Mickey, DK124B-Goofy and DK124C-Donald Duck 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 7.8% ad valorem.

The applicable subheading for Styles DK115-Mickey, DK116-Minnie, DK117-Pooh and DK118-Goofy will be 6505.90.6090, Harmonized Tariff Schedule of the United States (HTS), which provides for Hats and other headgear, knitted or crocheted,...whether or not lined or trimmed: Other: Of man-made fibers: Not in part of braid, Other: Other. The duty rate will be 33.8 cents/kg + 12% ad valorem.

Styles DK124A, DK124B and DK124C fall within textile category designation 359 and styles DK115, DK116, DK117 and DK118 fall within textile category designation 659. Based upon international textile trade agreements products of Indonesia 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,

Paul K. Schwartz
Chief, Textiles & Apparel Branch

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