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NY G84928




December 21, 2000

CLA-2-65:RR:NC:3:353 G84928

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.2060

Mr./Ms. Chris Lichtenstein
Schenker, Inc.
4709 La Guardia Dr., Suite 160
St. Louis, Missouri 63134

RE: The tariff classification of a “Kool Cap” from China.

Dear Mr. Lichtenstein:

In your letter dated November 24, 2000 you requested a classification ruling.

The submitted sample is a baseball style cap identified as “Kool Cap”. The cap is composed of woven 100% cotton fabric with a hook and loop attached coolie, covering the front of the crown, made of 100% leather face that is 1/8 inch thick with a foam cove backing. Embroidering is also included on the coolie as well as on the front crown of the hat. A plastic adjustable snap tab is located in the back of the hat for easy adjustment. The coolie may be removed from the cap, formed into a cylinder shape placed around a beverage can and secured by a hook and loop fastener. The coolie comes in a matching color to the cap and can be worn on the front of the hat when not in use. The hat and coolie are adapted one to the other and are mutually complementary. As designed, they form a whole that would not normally be offered for sale in separate parts. The item is considered a composite good. The cap imparts the essential character.

The applicable subheading for the “Kool Cap” will be 6505.90.2060, 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 cotton, flax or both: Not knitted: Certified hand-loomed and folklore products; and headwear of cotton, other.” The duty rate will be 7.7% ad valorem for the year 2000 and 7.6% for 2001.

The “Kool Cap” falls within textile category designation 359. 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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