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January 26, 1999

CLA-2-65:RR:NC:3:353 D86937

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.2060; 650590.6090

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

RE: The tariff classification of hats from China.

Dear Ms. Hodur:

In your letter dated January 7, 1999, on behalf of Chaps you requested a classification ruling.

The submitted samples are of a floppy hat design. Styles 5154 and 5155Q consist of woven 100% cotton fabric. Style 93154 is a reversible hat consisting of woven man-made fiber fabric on one side and knit man-made fiber fleece on the other side. All three hats have a flat crown and a two inch brim. The samples will be returned to you as requested.

Pertaining to style 93154, the reversible hat, as per GRI 3(c), “When goods cannot be classified by reference to 3(a) or 3(b), they shall be classified under the heading which occurs last in numerical order among those which equally merit consideration.”

The applicable subheading for styles 5154Q and 5155Q 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: 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 93154 will be 6505.90.8090 Harmonized Tariff Schedule of the United States (HTS), which provides for “Hats and other headgear,..., whether or not lined or trimmed: Other: Of man-made fibers: Other: Not in part of braid, Other: Other: Other.” The rate of duty will be 20.4 cents/kg + 7.5% ad valorem.

Styles 5154Q and 5155Q fall within textile category designation 359 and style 93154 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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