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NY H85798




December 10, 2001

CLA-2-65:RR:NC:3:353 H85798

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.4090, 6505.90.8090, 6505.99.0000, 6505.90.2060

Ms. Patricia Whorton
Union Transport
22660 Executive Dr., Suite 113
Sterling, VA 20166

RE: The tariff classification of hats from China.

Dear Ms. Whorton:

In your letter dated November 19, 2001, received in this office December 2, 2001, 0n behalf of the Mad Bomber Company, you requested a tariff classification ruling.

You have submitted 16 samples of hats with your request. Style 300W94 is composed of woven wool fabric. It is fabric lined and features a snap up peak, earflaps and a fabric chin- strap with a plastic buckle. Style 329N03 is composed of woven quilted nylon fabric with a grey fabric lining and a textile chinstrap with a hook and loop closure. Style 311W47 is composed of a woven mohair wool fabric with grey fabric lining and button earflaps. Style 325L01 is a leather hat with a fabric lining, earflaps, and a leather chinstrap with a plastic buckle and a snap up peak. Style 207X08-2 is composed of woven waxed cotton fabric with a fleece lining, earflaps, peak and a string leather chinstrap.

The applicable subheading for Styles 300W94 and 311W47 will be 6505.90.4090, Harmonized Tariff Schedule of the United States (HTS), which provides for “Hats and other headgear, knitted or crocheted,felt or other textile fabricwhether or not lined or trimmed: Other: Of wool: Other, Other: Other.” The duty rate for 2001will be 31.6 cents/kg + 8% and for 2002, 31.4 cents/kg+8% ad valorem.

The applicable subheading for Style 329N03 will be 6505.90.8090, Harmonized Tariff Schedule of the United States (HTS), which provides for “Hats and other headgear, knitted or crocheted,felt or other textile fabricwhether or not lined or trimmed: Other: Of man-made fibers: Not in part of braid, Other: Other: Other.” The duty rate for 2001 will be 19.7 cents/kg + 7.2% and for 2002, 19.4 cents/kg + 7% ad valorem.

The applicable subheading for Style 325L01 will be 6506.99.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other headgear, whether or not lined or trimmed: Other: Of other materials.” The duty rate for 2001 and 2002 will be 8.5% ad valorem.

The applicable subheading for Style 207X08-2 will be 6505.90.2060, Harmonized Tariff Schedule of the United States (HTS), which provides for “”Hats and other headgear, knitted or crocheted, felt or other textile fabric,whether or not lined or trimmed: Other: Not knitted: Certified hand-loomed and folklore products; and headwear of cotton, Other.” The duty rate for 2001 and 2002 will be 7.6% ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on Styles 370US09, 304W11, 310A24, 370Y01, 318MC, 319, 103Y02, 311UT66, 300Y08, 380Q. Your request for a classification ruling should 1- Be limited to 5 hats for each ruling. 2- For each hat supply information on both the outer shell and lining. If made of furskin, name the animal. If made of fabric, give the construction (knit or woven) and the fiber content (100% nylon, 65% polyester/35% cotton etc) 3- For style 309SK01 indicate type of plastic coating (PVC, PU etc.) and construction and fiber content of fabric being coated 4- 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.

Styles 300W94 and 311W47 fall within textile category designation 459. Style 329N03 falls within textile category 659 and Style 207X08-2 falls within textile category 359. 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 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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