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NY F83389




March 10, 2000

CLA-2-65:RR:NC:3:353 F83389

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.8090

Ms. Belinda Wong
Simple Symbol (N.A.) Inc.
4195 Chino Hills Pkwy, PMB #383
Chino Hills, CA 91709

RE: The tariff classification of a mini hat umbrella from China.

Dear Ms. Wong:

In your letter dated February 25th, 2000 you requested a classification ruling.

The submitted sample identified as a mini umbrella hat is composed woven polyester fabric. The sample is a folding umbrella with a spring loaded top so that when it is unsnapped from its folded position, it opens up to an umbrella that measures approximately 20 inches in diameter. The umbrella has no shaft and handle but is fitted on the inside with an adjustable headband that enables it to be worn on the head. The headband is an elastic band and therefore used to adhere and adjust to head size.

The Explanatory Notes to Chapter 65 states that the Chapter covers... “ hats and other headgear of all kinds, irrespective of the materials of which they are made and of their intended uses (daily wear, theatre, disguise, protection, etc.)” . The sample umbrella, designed to be worn on the head, is therefore considered headgear of Chapter 65.

The applicable subheading for the Umbrella Hat will be 6505.90.8090, 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: Other: Not in part of braid, Other: Other: Other.” The duty rate will be 20 cents/kg + 7.3% ad valorem.

The umbrella hat 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 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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