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NY D85004





December 9, 1998

CLA-2-3:RR:NC:3:353 D85004

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.8090; 6505.90.2060

Ms. Mary R. Lynn
Emery Customs Brokers
BWI Airport Cargo Bldg. F
Suite 1400
Baltimore, Maryland 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. Styles 373K and 373T, Euro Bomber consist of woven 100% nylon fabric with ear flaps and peak that are lined with pile acrylic fabric. There are snaps at the top front of the hats to facilitate wearing the peak in the up position. Style 373K has two chin leather string ties and the acrylic lining of the ear flaps resembles pony fur. Style 373T, outer surface is of a smooth satin fabric. Style 308V, Blizzard Bomber Canvas consists of woven 100% cotton fabric with pile acrylic fabric on the inner portion of ear flaps, a six panel crown, a peak, and string leather ties. Styles 705X, Bucket Hat Waxed and 709X, Driving Cap Waxed consist of woven 100% cotton fabric with a invisible waxed surface. Style 705X has a flat top crown with a 2 inch brim. Style 709X is a cap with a snap on the peak and front of the hat.

The applicable subheading for the Euro Bomber Hats, Styles 373K and 373T 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 Blizzard Bomber Canvas Hat, Bucket Hat Waxed and Driving Cap Waxed, Styles 308V, 705X and 709X will be 6505.90.2060 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 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 317K and 317T fall within textile category designation 659. Styles 308V, 705X and 709X fall within the 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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