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HQ 965881




October 9, 2002

CLA-2 RR:CR:TE 965881 BAS

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.6090

Alice Liu
Import Manager
Atico International USA, Inc.
501 South Andrews Avenue
Ft. Lauderdale, FL 33301

RE: Classification of a Mosquito Head Net; HQ 965505, dated September 25, 2002, Incorporated by Reference.

Dear Ms. Liu:

This is in reply to a letter you submitted, dated August 8, 2002, on behalf of Atico International USA, Inc. in which you requested a binding ruling concerning the classification of a knitted mosquito head net, identified by Style Number W65B3024. You submitted a sample of the mosquito head net to assist us in our determination.

FACTS:

The subject merchandise measures approximately sixteen inches in length. It is constructed of knitted net polyester fabric and of a circular solid fabric piece designed to fit over the crown of a hat. The base of the head net has an elastic band serving to help close and secure the net. The item is worn to protect the face and neck from mosquitoes.

ISSUE:

Is the subject merchandise classifiable under heading 6505, HTSUSA, as a hat or other headgear, or heading 6507, HTSUSA, as a cover for headgear?

LAW AND ANALYSIS:

The classification of substantially similar merchandise was addressed in HQ 965505, dated September 25, 2002. The mosquito head net composed of knitted net polyester fabric is substantially similar in construction and function to the mosquito head net classified in HQ 965505. In HQ 965505, it was determined that the mosquito head net was properly classified in subheading 6505.90.5090, HTSUSA, 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 man-made fibers: Knitted or crocheted or made up from knitted or crocheted fabric: Wholly or in part of braid, Other: Other. The legal reasoning and analysis employed in HQ 965505 is attached to and made a part of this ruling letter. As the subject merchandise is substantially similar to the merchandise addressed in the aforementioned ruling, the merchandise would be classified accordingly.

HOLDING:

The proper classification for the mosquito head net at issue is subheading 6505.90.6090, HTSUSA, 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 man-made fibers: Knitted or crocheted or made up from knitted or crocheted fabric: Not in part of braid, Other: Other: Other. The rate of duty is 23.9 cents per kilogram plus 8.4 percent ad valorem and the textile category is 659. Headquarters Ruling Letter 965505 is attached to and made part of this ruling letter.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest your client check, close to the time of shipment, the Status on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is updated weekly and is available for inspection at the local Customs office. The Status Report on Current Import Quotas (Restraint Levels) is also available on the Customs Electronic Bulletin Board (CEBB) which can be found at the U.S. Customs Service Website at www.customs.gov.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, your client should contact the local Customs office prior to importing the merchandise to determine the current applicability of any import restraints or requirements.

Sincerely,

Myles B. Harmon

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