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NY A85482




July 23, 1996

CLA-2:RR:NC:65:353 A85482

Mr. Alex Quant
Paxton, Shreves & Hays, Inc.
1855 Coronado Avenue
Long Beach, CA 90804

Dear Mr. Quant:

We are returning your request for a classification ruling along with any related samples, exhibits, etc. because the issue of textile costumes is currently before the Court of International Trade.

Under Part 177 of the Customs Regulations (19 C.F.R. 177), this office is precluded from issuing rulings which involve matters currently pending before the court. Therefore, we are unable provide a binding ruling at this time.

When the Court of International Trade has reached a decision in this case, it is advisable that you resubmit your request for a binding ruling along with all the material that we have returned to you.

In the interim, for entry purposes, you may classify the Halloween Jester Hat under 6505.90.8050, 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: Other: Of man-made fibers: Other: Not in part of braid.... Other: Other: Visors, and other headgear which provide no covering for the crown of the head... ."

The Halloween Jester Hat falls within textile category 659. Based upon international textile trade agreements, products of Taiwan 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.

. If you have any questions regarding the above, contact National Import Specialist Martin Weiss at 212-466-5881.

Sincerely,

Roger J. Silvestri
Director

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