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NY F89393




August 3, 2000

CLA-2-65:RR:NC:3:353 F89393

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.8090, 9505.90.6000

Mr. Terrence Wessels
The Paper Magic Group
100 North Sixth St., Suite 899C
Minneapolis, MN 55403

RE: The tariff classification of novelty hats from China.

Dear Mr. Wassels:

In your letter dated June 30, 200 received in this office July 11, 2000 you requested a classification ruling.

The submitted samples are oversized novelty hats. Style 657047 is a Witch Hat composed of woven 100% nylon fabric. The hat has a cone shaped crown and a 5 ½” brim. Style 657049 is a Top Hat composed of felt 100% acrylic fabric in the piece. The hat has a large high crown and a 3” brim. Style 657048 is a Jester Hat and the Mad Hatter Hat composed of felt 100% acrylic fabric in the piece. The Jester Hat has three points on the crown with a bell on each point and a 3” brim. The Mad Hatter Hat has a high crown and a 2” brim. As per our telephone conversation the Jester Hat and Mad Hatter Hat have the same style number and will be shipped in the same box.

Hat styles 657049 and 657048 are not classifiable in heading 6503 as constructed from hat bodies of heading 6501, but are made up from textile fabric in the piece and are classified in heading 6505.

The applicable subheading for the Witch Hat, style 657047 will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HTS0, which provides for “Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Other: Other.” The duty rate will be Free.

The applicable subheading for the Styles 657049 and 657048 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.

Styles 657049 and 657048 fall 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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