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NY H81199




June 4, 2001

CLA-2-65:RR:NC:3:353 H81199

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.6090

Mr. Michael Cooke
Pony Express Creations, Inc.
9350 Trade Place, Suite C
San Diego, CA 92126

RE: The tariff classification of a hat from China and Hong Kong.

Dear Mr. Cooke:

In your letter dated April 27, 2001, received in this office on May 15, 2001, you requested a classification ruling.

The submitted sample is a Style No. 00116 47001 Disney’s Minnie Princess Hat constructed of an outer shell of knit 95% polyester, 5% nylon fabric over a foam base. The hennin-style hat is cone shaped, and features a 2-foot long net veil attached to the top, 1¾-inch stuffed net fabric trim at the bottom and mouse ears.

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 applicable subheading for the Style No. 00116 47001 Disney’s Minnie Princess Hat will be 6505.90.6090, 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 fabricwhether or not lined or trimmedOther: 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 25.9 cents per kilogram plus 9.1% ad valorem..

The Style No. 00116 47001 Disney’s Minnie Princess Hat falls within textile category designation 659. Based upon international textile trade agreements products of China and 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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