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NY G81050




August 18, 2000

CLA-2-65:RR:NC:3:353 G81050

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.6090

Ms. Mary E. Keller
The A.W. Fenton Company Inc.
P.O. Box 75029
Cincinnati, OH 45275

RE: The tariff classification of a headsweat from Hong Kong.

Dear Ms. Keller:

In your letter dated May 26, 2000, on behalf of Yue Wing Cheong Manufactory Ltd., you requested a classification ruling. We apologize for the delay in our response.

The submitted sample called a Headsweat, for which no style designation was provided, is constructed of CoolMax™ fabric, which is a knit polyester four-channel fiber fabric that provides moisture transport, evaporation properties and the free flow of air. The Headsweat consists of a terrycloth and elastic headband with three approximately 4-inch wide bands of CoolMax™ fabric, sewn together and tapering to ties at the back so the item can be worn bandana-style. The Headsweat covers the crown of the head and is designed to be worn under a safety helmet, at a sporting event, when running, or doing any outdoor strenuous activity. Literature shows the item being worn on the head under a bicycle helmet, and calls the Headsweat an alternative to the traditional bandana and sweatband.

You state that you believe that the Headsweat is properly classified under 9506.99.6080 as “Other articles for general physical exerciseathletics, other sportsor outdoor games.” Chapter 95 Note 1 (g) states “This chapter does not cover: (g) Sports footwear (other than skating boots with ice or roller skates attached) of chapter 64, or sports headgear of chapter 65.”(emphasis added)

The Explanatory Notes (EN) constitute the official interpretation of the Harmonized System at the international level. The General Explanatory Note to Chapter 65 states “this Chapter covers hat-shapes, hat-forms, hat bodies and hoods, and hats and other headgear of all kinds, irrespective of the materials of which they are made and of their intended use (daily wear, theatre, disguise, protection, etc.).”(emphasis added)

The Headsweat covers the crown of the head and is considered to be headgear.

The applicable subheading for the Headsweat will be 6505.90.6090 Harmonized Tariff Schedule of the United States (HTS), which provides for “Hats and other headgear, knitted or crocheted, orother textile fabric,whether or not lined or trimmedany material, 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 Headsweat falls within textile category designation 659. Based upon international textile trade agreements products of Hong Kong 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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