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NY E89728





December 3, 1999

CLA-2-65:RR:NC:3:353 E89728

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.1525, 6505.90.2545

Ms. Marla O’Dell
Westwater Enterprises
187 Mill Lane
Mountainside, NJ 07092

RE: The tariff classification of visors from China and Sri Lanka.

Dear Ms. O’Dell:

In your letter dated November 4, 1999 you requested a classification ruling.

The submitted samples are sun visors. Sample A is constructed with a peak of knit 100% cotton fabric that is laminated to a synthetic rubber. The visor is held on the head by means of an elasticized band that is covered with a knit cotton fabric. Sample B is constructed of woven 100% cotton fabric that is sewn onto and completely trims a peak of synthetic rubber. The visor is held on the head by means of an elasticized band that is covered with a woven cotton fabric.

Regarding Sample A, the knit nylon fabric is present for more than mere reinforcement. The textile fabric provides a protective cover for the rubber, gives the visor a different visual appearance and tactile quality, and enhances the marketability of the product. Therefore, the nylon synthetic rubber material is considered a “rubberized textile fabric” classifiable in heading 5906 HTSUS. Articles made of this material are considered to be articles of textiles.

The applicable subheading for Sample A will be 6505.90.1525, Harmonized Tariff Schedule of the United States (HTS), which provides for “Hats and other headgear, knitted or crocheted Other: Of cotton, flax or both: Knitted...Of cotton: Other: Visors, and other headgear which provides no covering for the crown of the head.” The duty rate will be 8.2% ad valorem for the year 1999 and 8.1% for the year 2000.

The applicable subheading for Sample B will be 6505.90.2545, 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 Other: Of cotton, flax or both: Not knitted: Other...Visors, and other headgear of cotton which provides no covering for the crown of the head.” The duty rate will be 7.8% ad valorem for the year 1999 and 7.7% for the year 2000.

Samples A and B 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; products of Sri Lanka are not subject to quota but require a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 212-637-7084.

Sincerely,

Robert B. Swierupski
Director,

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