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NY H82848




July 5, 2001

CLA-2-65RR:NC:3:353 H82848

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.6090

Ms. Mary Lou Francis
Worldlink International Inc.
P.O. Box 895
Voorhees, NJ 08043

RE: The tariff classification of hats and caps from Thailand.

Dear Ms. Francis:

In your letter dated June 15, 2001, on behalf of Rasta Imposta, you requested a tariff classification ruling. A catalogue showing various hat and cap styles was furnished.

The catalogue shows Items 1517 Flamingo, 1572 Turtle, 1568 Crab and 1560 Elephant Hats and Item 1758 Moose Cap. You state that all the items are constructed of 100% polyester velour fabric and that all fabric is knit. In addition, you state that the items may be lined with either 100% cotton or 100% polyester fabric and that some items may contain foam to add to the shape. Item 1517 Flamingo Hat is made to resemble a flamingo complete with head, long neck, wings and feet. Item 1572 Turtle Hat is made to resemble a turtle complete with head, legs and shell. Item 1568 Crab Hat is made to resemble a crab complete with eyes, legs, claws and shell. Item 1560 Elephant Hat is made to resemble an elephant complete with eyes, trunk and oversized ears. Item 1758 Moose Cap is a traditional cap with peak to which textile moose antlers have been added.

The applicable subheading for the Items 1517, 1572, 1568, 1560 and 1758 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 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 25.9 cents per kilogram plus 9.1% ad valorem.

Items 1517, 1572, 1568, 1560 and 1758 fall within textile category designation 659. Based upon international textile trade agreements products of Thailand 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.

The remaining 23 items are not being classified at this time. Please limit your ruling request to a maximum of 5 items of the same class or kind. In addition, please include a statement that there are, to your knowledge, no issues on the commodity pending before the Customs Service or any court. Also include a statement as to whether classification advice has been sought from a Customs officer; and if so, from whom, and what advice was rendered, if any. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

You have asked whether this product is subject to antidumping duties or countervailing duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W. Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs.

The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in 19 CFR 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in connection with the ruling request and incorporated therein, either directly, by reference, or by implication, is accurate and complete in every material respect.

This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by the Customs Service.

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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