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January 26, 1999

CLA-2-65:RR:NC:3:353 D86708

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.2060; 6505.90.8090

Ms. Elizabeth Hodur
Warnaco
90 Park Ave., 12th Fl.
New York, NY 10016

RE: The tariff classification of baseball caps from China.

Dear Ms. Hodur:

In your letter dated January 7, 1998, on behalf of Chaps, you requested a classification ruling.

The submitted samples are baseball caps. Styles 93152, 5156Q and 5153Q consist of 100% woven cotton fabric and style 93153 consists of woven 98% cotton 2% spandex fabric. The baseball caps have a five panel crown with a fabric button at the top and an adjustable textile strap at the back with the exception of style 93153 which does not have a adjustable strap at the back but rather it a elastic inner band. The samples will be returned to you as requested.

The applicable subheading for the cotton baseball caps, styles 93152, 93153, 5156Q and 5153Q will be 6505.90.2060, 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.

We cannot classify style 93155 the fabric content is conflicting. Sample shows 100% woven cotton fabric, descriptive literature 100% polyester.

Styles 93152, 93153, 5153Q and 5155Q fall within 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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