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NY D83018




October 20, 1998

CLA-2-65:RR:NC:3:353 D83018

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.8090; 6217.10.8500

Mr. Larry Chance
Jean D. Duncan Customs Brokers, Inc.
P.O. Box 20690/Atlanta Airport
Atlanta, Georgia 30320

RE: The tariff classification of a collapsible hat with fitted pouch and a ponytail holder from India.

Dear Mr. Chance:

In your letter dated September 29, 1998 you requested a classification ruling.

The submitted sample is a collapsible hat with a fitted pouch and a ponytail holder made from 100% woven polyester fabric. The hat is a large sun hat style with an oversized brim. It collapses into a small item to be stored into a fitted pouch of the same fabric.

As per GRI 5(a)...containers, specially shaped or fitted to contain a specific article..., shall be classified with such articles. Therefore the hat and fitted pouch will be classified together.

The applicable subheading for the hat with fitted pouch will be 6505.90.8090, 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 trimmed: Other: Of man-made fibers: Not in part of braid, Other: Other: Other." The duty rate will be 20.7 cents/kg + 7.8% ad valorem.

The applicable subheading for the ponytail holder will be 6217.10.8500, Harmonized Tariff Schedule of the United States (HTS), which provides for "Other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212: Accessories: Other: Headbands, ponytail holders and similar articles." The duty rate will be 15.1% ad valorem.

The hat with its fitted case fall within textile category designation 659. Based upon international textile trade agreements products of India are subject to quota and the requirement of a visa. The ponytail holder is not subject to quota and visa requirements.

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 Kenneth Reidlinger at 212-466-5881.

Sincerely,

Robert B. Swierupski
Director,

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