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NY C89986



October 1, 1998

CLA-2-65:NEW:TCB1:H08 C89986

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.6090

Ms. Marian Harding Cochran
Atico International USA, Inc.
P.O. Box 14368
Ft. Lauderdale, FL 33302

RE: The tariff classification of two novelty hats from China.

Dear Ms. Harding Cochran:

In your letter dated July 6, 1998, you requested a tariff classification ruling.

Two samples, numbered one and two, of the items you plan to import were submitted with your inquiry. Sample number one is a novelty "Jumbo" hat. It is constructed of panels of a knit 100 percent polyester fabric. The crown is oversized and features a knit brim with a metal wire insert. Sample number two is a novelty "Jester" hat which is constructed of multicolored panels of a knit 100 percent polyester fabric. Six of the panels end in points to which small metal bells are affixed.

The applicable subheading for both samples will be 6505.90.6090, Harmonized Tariff Schedule of the United States (HTS), which provides for hats and other headgear...made up from lace, felt or other textile fabric...other, of man-made fibers, knitted or crocheted...not in part of braid, other, other, other. The rate of duty will be 31.8 cents per kilogram plus 11.3 percent ad valorem.

Both caps fall within textile category designation 659. As products of China this merchandise is currently subject to visa requirements and quota restraints based upon international textile trade agreements.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since 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 Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Kathleen M. Haage
Area Director

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