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NY H86802




January 23, 2002

CLA-2-65:RR:NC:3:353 H86802

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.6090, 6505.90.2060

Ms. Jenny Davenport
Wal*Mart Stores, Inc.
Direct Imports (0410)
702 SW 8th St.
Bentonville, AR 72716-0410

RE: The tariff classification of novelty hats from China.

Dear Ms. Davenport:

In your letter dated December 21, 2001 you requested a classification ruling. The samples will be returned to you as requested.

Three styles of novelty hats were submitted with your request. Sample 1, Funny Bird Hat is composed of a warp knit base with an inserted polyester fiber pile fabric. The crown covering which covers the head resembles curly hair and there is a fabric peak that resembles a beak and eyes.

Sample 2, Army with Braid Hat, crown portion composed of woven cotton fabric, braids are polypropylene material. The crown is a camouflage fabric that ties at the back and the braids hang down from each side of the hat.

Sample 3, Tinsel Army Hat, crown portion is composed of woven cotton fabric that ties at the back. There is man-made fiber hair that hangs at the sides.

The applicable subheading for Sample 1, EPE-10310 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: 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 23.9 cents/kg + 8.4% ad valorem.

The applicable subheading for Samples 2 and 3, EPF-10351 and EPF-10352 will be 6505.90.2060, 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 cotton, flax or both: Not knitted: Certified hand-loomed and folklore products; and headwear of cotton, Other.” The duty rate will be 7.6% ad valorem.

Sample 1, style EPF-10310 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.

China is a member of the World Trade Organization (WTO), and Styles EPF-10351 and EPF-10352 are not subject to quota or the requirements 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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