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NY H87497





February 4, 2002

CLA-2-65:RR:NC:3:353 H87497

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.8090, 6505.90.5090, 6505.90.6090

Mr. John B. Pellegrini
Ross & Hardies
65 East 55th Street
New York, NY 10022-3219

RE: The tariff classification of hats from China.

Dear Mr. Pellegrini:

In your letter dated January 15, 2002, on behalf of Paris Asia, Ltd. you requested a classification ruling. The samples will be returned, as you requested.

The submitted samples are Style Nos. 9203002, 9203003 and 9203004 Girls’ Hats. Style No. 9203002 Aviator Hat is constructed of woven nylon fabric with acrylic fabric trim and a knit polyester fabric lining. It features earflaps that can be secured under the chin by a hook and loop fastener. Style No. 9203003 Helmet-Style Hat has a crown constructed of knit polyester fabric, earflaps of woven nylon fabric, and a knit polyester fabric lining. It features a braided cord with an adjustable plastic slide fastener. The knit polyester imparts the essential character to the hat. Style No. 9203003 Helmet-Style Hat is constructed of knit polyester fabric with acrylic fabric trim and a knit polyester fabric lining. It features a full hood with scarf-like ties at the neck.

The applicable subheading for the Style No. 9203002 Aviator Hat will be 6505.90.8090, 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: Other: Not in part of braid, Other: Other: Other.” The rate of duty will be 19.4 cents per kilogram + 7% ad valorem.

The applicable subheading for the Style No. 9203003 Helmet-Style Hat will be 6505.90.5090, 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: Wholly or in part of braid, Other: Other.” The rate of duty will be 6.9% ad valorem.

The applicable subheading for the Style No. 9203003 Helmet-Style 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 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 23.9 cents per kilogram + 8.4% as valorem.

Style Nos. 9202031, 9202041 and 9203001 fall within textile category designation 659. 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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