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NY D85003




December 8, 1998

CLA-2-65:RR:NC:3:353 D85003

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.8090; 6505.90.2060

Ms. Mary R. Lynn
Emery Customs Brokers
BWI Airport Cargo Building F
Suite 1400
Baltimore, MD 21240

RE: The tariff classification of hats from China.

Dear Ms. Lynn:

In your letter dated November 12, 1998 you requested a classification ruling.

Five samples were submitted with your request. Style 302U, Mad Bomber Cordura hat consists of 100% woven nylon fabric. The inside of the ear flaps, and under side of the peak consists of knit acrylic fabric. There is a textile chin strap with a plastic buckle and snaps at the top of the hat so that the peak can be snapped in the upward position. Style 317, LIL Mad Bomber Cordura is identical to Style 302U in a children's size. Styles 701X, 703X and 707X consist of 100% woven cotton with a invisible wax finish. Style 701X, Sherlock Hat Waxed is designed with a peak in the front and back and ear flaps. The lining of the ear flaps are of a knit man-made fiber fabric resembling fur, and can be worn in the upward position by tieing them with the textile ribbon. Style 703X, Dillon Hat Waxed has a 2 inch brim at the front and back and it narrows to a 1 inch brim at the sides. The crown of the hat has six panels. Style 707X, Yacht Cap Waxed resembles a baseball cap with an over sized peak. The crown of the hat has four top panels and one panel at the front of the cap.

The applicable subheading for the Mad Bomber Hats, Styles 302U and 317U 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 or trimmed: Other: Of man-made fibers: Other: Not in part of braid, Other: Other: Other." The duty rate will be 20.7 cents/kg + 7.5% ad valorem.

The applicable subheading for the Sherlock, Dillon and Yacht Cap Waxed, Styles 701X, 703X and 707X will be 6505.90.2060 Harmonized Tariff Schedule of the United States (HTS), which provides for "Hats and other headgear, knitted of crocheted,...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 rate of duty will be 7.8% ad valorem.

Styles 302U and 317U fall within textile category designation 659. Styles 701X, 703X and 703X fall with 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.

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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