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January 11, 1999

CLA-2-65:RR:NC:3:353 D86074

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.5030; 6505.90.5090

Ms. Tami Henneman
Heyman Corp.
18306 Redbridge Ct.
Oliney, MD 20832

RE: The tariff classification of hats from China.

Dear Ms. Henneman:

In your letter dated December 16, 1998 you requested a classification ruling.

Three hat samples made from knit 100% polyester fleece were submitted with your request. Style 18605 is identified as Pooh winter helmet, style 74016, 100 Acre Pooh winter Helmet and style 8110, Osh Kosh winter helmet. All three styles have braided elastic at the back to facilitate holding the hat securely to the head. The hats are designed with peaks, earflaps and a hook and loop closure at the neck. You state that all three style hats will be imported in infant, toddler and 4-6x/7 sizes. The samples will be returned to you as requested.

The applicable subheading for the infants hats, styles 18605, 74016 and 8110 will be 6505.90.5030, 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: Knitted or crocheted or made up from knitted or crocheted fabric: Wholly or in part of braid, For babies.” The duty rate will be 7% ad valorem.

The applicable subheading for the toddler and sizes 4-6x/7 hats will be 6505.90.5090, Harmonized Tariff Schedule of the United States (HTS), which provides for “Hats and other headgear,...Wholly or in part of braid...Other: Other.” The duty rate will be 7% ad valorem.

The infant hats fall within textile category designation 239 and the toddler and 4-6x/7 hats fall within textile category 639. 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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