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NY D85005




December 9, 1998

CLA-2-65:RR:NC:3:353 D85005

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.2060; 6505.90.8090

Ms. Mary 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.

Four samples were submitted with your request. Styles 308V, Blizzard Bomber Canvas, and 309V LIL Blizzard Bomber Canvas consist of woven 100% cotton fabric. Style 308V has ear flaps lined with acrylic pile fabric, a rigid peak and a textile chin strap with a plastic buckle. Style 309V, LIL Blizzard Bomber Canvas is identical to Style 308V but in a children's size. Style 308X, Blizzard Bomber Waxed consists of woven 100% cotton fabric coated with an invisible wax coating. The hat is designed with ear flaps lined with a 70% acrylic/30% polyester pile fabric, a rigid peak, and a textile chin strap with a plastic buckle. Style 103B, Curly Trooper consists of 70% acrylic/30% polyester pile fabric. The hat has ear flaps, a peak, snaps at the front of the hat to facilitate wearing the peak in an up position and leather string ties.

The applicable subheading for Styles 308V, 309V and 308X will be 655.90.2060, 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 Style 103B will be 6505.90.8090 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: Other: Not in part of braid, Other: Other: Other." The duty rate will be 20.7 cents/kg + 7.5% ad valorem.

Styles 308V, 309V and 308X fall within textile category designation 359. Style 103B falls within textile category designation 659. 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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