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NY F85178




April 19, 2000

CLA-2-65:RR:NC:3:353 F85178

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.6090

Ms. Donna Segro
Tommy Hilfiger U.S.A., Inc.
35 Henry Street
Secaucus, NJ 07094

RE: The tariff classification of a bucket hat from China.

Dear Ms. Segro:

In your letter dated April 3, 2000 you requested a classification ruling.

The submitted sample is a Style No. 980401317 bucket hat composed of woven 100% cotton canvas fabric and knit 100% polyester mesh fabric. The hat features a crown constructed of six panels with a sweatband, and a 2 ¼ inch brim, all composed of cotton canvas fabric. The entire outer crown is covered with polyester mesh fabric except for a 1 inch cotton canvas band at its base. The entire brim, top and bottom, is covered with the mesh.

The hat is classifiable in subheadings 6505.90.20 and 6505.90.60. The cotton canvas fabric gives form to the hat, while the knit mesh fabric supplies a substantial visual impact. As such, neither fabric imparts an essential character to the item. The hat will be classified using General Rule of Interpretation (GRI) 3(c), which states the merchandise “shall be classified under the heading which occurs last in numerical order among those which equally merit consideration.”

The applicable subheading for the Style No. 980401317 bucket hat will be 6505.90.6090, Harmonized Tariff Schedule of the United States (HTS), which provides for “Hats and other headgear, knitted or crocheted, or made up fromother textile fabric, in the piece (but not in strips),whether or not lined or trimmed: Other: Of man-made fibers: Knitted or crocheted or made up from knitted or crocheted fabric: Not in part of braid, Other: Other: Other.” The duty rate will be 27.9 cents per kilogram plus 9.8% ad valorem.

The Style No. 980401317 bucket 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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