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NY G85677




January 16, 2001

CLA-2-65:RR:NC:3:353 G85677

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.5090

Ms. Lesa R. Hubbard
J.C. Penny Purchasing Corp.
P.O. Box 10001
Dallas, TX 75301-10001

RE: The tariff classification of a hat from China.

Dear Ms. Hubbard:

In your letter dated December 22, 2000 you requested a classification ruling. The sample will be returned to you as requested.

The submitted sample, style 1045 is a hat composed of hand knitted 50% wool/50% acrylic. The hat covers the entire head and extends pat the ear lobes with braided strings to tie under the chin. At the top of the hat is a braided approximately 2 ½” with frayed ends.

The applicable subheading for the hat style 1045 will be 6505.90.5090, Harmonized Tariff Schedule of the United States (HTS), which provides for Hats and other headgear, knitted or crocheted,whether or not lined or trimmed: Other: Of man-made fibers: Knitted or crocheted or made up from knitted or crocheted fabric: Wholly or in part of braid, Other: Other.” The duty rate will be 6.9 % ad valorem.

Style 1045 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.

Style 1045 is composed of 50% wool and 50% man-made fiber fabric. Therefore, even a slight change in the fiber content may result in a change of classification, as well as, quota and visa requirements. Style 1045 may be subject to U.S. Customs laboratory analysis at the time of import and if the fabric is other than a 50/50 blend it may be reclassified by Customs at that time.

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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