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NY I81578




June 12, 2002

CLA-2-95:RR:NC:SP:225 I81578

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.2060; 8537.10.9070

Mr. Felipe Lara
BJ Customs Brokerage Co., Inc.
P.O. Box 91034
Los Angeles, CA 90009-1034

RE: The tariff classification of a Cotton Woven Cap With Lighting Letters and a Control For Luminescent Sticker from China.

Dear Mr. Lara:

In your letter dated May 9, 2002, on behalf of Highly Graphic Inc., you requested a tariff classification ruling.

You submitted the following samples:

Style #B-567, Cotton Woven Cap With Lighting Letters, is a baseball-style cap made of woven cotton material. The cap has an adjustable plastic strap in the back making it suitable for “one size fits all” wear. The cap also has a small plastic rectangular unit sewn into the inside headband that, when a small switch is activated, lights up the name GABOTEX® on the front of the cap.

Style #C-A95, Control For Luminescent Sticker, is a electronic device that measures approximately 1 inch in height x 2 inches in width x 3 inches with two plastic cords that each measure approximately two feet in length and have a plastic connector at the end. The device has a small switch that, when activated, will light up stickers (not included) that have been attached to the plastic connectors.

The applicable subheading for Style #B-567, Cotton Woven Cap With Lighting Letters, 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 rate of duty will be 7.6 percent ad valorem.

The applicable subheading for Style #C-A95, Control For Luminescent Sticker, will be 8537.10.9070, HTS, “Other boards, panels, for electric control or the distribution of electricity..: For a voltage not exceeding 1000V.” The rate of duty will be 2.7 ad valorem.

We are unable to issue a ruling on Style #B-555, I-Pop Lighting Stickers, Style #B-470, I-Pop Electro Luminescent Badge, and Style #B-556, 3 PCS of Luminescent Sticker. The issue of the scope of the term “festive articles” of personal adornment under 9505 is currently pending before the United States Court of Appeals for the Federal Circuit in the matter of Russ Berrie & Company V. United States, Court of Appeals No. 00-01-00018. Section 177.7. Section 177.7, Customs Regulations (19 CFR 177.7) provides that rulings will not be issued in certain circumstances. Section 177.7(b) states, in pertinent part, the following:

No ruling letter will be issued with respect to any issue which is pending before the United States Court of International Trade, the United States Court of Appeals for the Federal Circuit, or any court of appeal therefrom.

In light of the prohibition set out in 19 CFR 177.7(b), and as the instant classification ruling request is closely related to the issue presently pending in the Court of Appeals, we are unable to issue a classification ruling letter to you with respect to Style #B-555, I-Pop Lighting Stickers, Style #B-470, I-Pop Electro Luminescent Badge, and Style #B-556, 3 PCS of Luminescent Sticker. Accordingly, we are administratively closing our file.

When all litigation has been concluded on the case referenced above, you may resubmit your request for a ruling. If you decide to resubmit your request, please include all materials that we have returned to you and mail your request to Director, National Commodity Specialist Division, U.S. Customs Service, Attn: CIE/Ruling Request, One Penn Plaza, 10th Floor, New York, NY 10119.

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 Alice Wong at 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

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