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NY H81091




May 31, 2001

CLA-2-65:RR:NC:3:353 H81091

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.8090

Ms. Lori A. D’Agostino
Rhode Island Novelty
19 Industrial Lane
Johnston, Rode Island 02919

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

Dear Ms. D’Agostino:

In your letter dated May 10, 2001 you requested a classification ruling.

The submitted sample is an elf hat composed of man-made fiber needle point felt fabric. The hat is cone shaped with a pom pom at the top and a second layer of fabric with points around the rim of the hat.

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.).”

The applicable subheading for the Elf Hat will be 6505.90.8090, Harmonized Tariff Schedule of the United States (HTS), which provides for “Hats and other headgear, knitted or crochetedfelt or other textile fabricwhether or not lined or trimmed: Other: Of man-made fibers: Other: Not in part of braid, Other: Other.” The duty rate will be 19.7 cents/kg + 7.2% ad valorem.

The Elf 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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