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NY A89330


November 25, 1996

CLA-2-65:RR:NC:3:353 A89330

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.7090

Mr. Henry Van

BJ Customs Brokerage Co., Inc.

P.O. Box 91034

Los Angeles, CA 90045

RE: The tariff classification of a clown hat from China.

Dear Mr. Van:

In your letter dated November 1, 1996, on behalf of Direct resources Int'l., Inc., you requested a classification ruling. A sample was submitted for examination.

The submitted sample is a hat that is designed as clown or jester's hat with a metal bell at the tip of each of four points and a hidden braided elastic cord at the bottom that allows the hat to expand to accommodate different head sizes. The hat is constructed of non-woven 100% polyester fabric that has been double layered, has tapered panels and inside seams. The hat is well constructed and not considered a hat of Chapter 95.

The applicable subheading for the hat will be will be 6505.90.7090, 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: Other: Wholly or in part of braid, Other: Other. The duty rate will be 7.1% ad valorem.

The hat 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 Martin Weiss at 212-466-5881.

Sincerely,


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