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NY I82919




June 10, 2002

CLA-2-65:RR:NC:3:353 I82919

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.6090

Mr. Donal O’Sullivan
Fischer Beverages International
360 Hamilton Avenue
Suite 1103
White Plains, NY 10601-1103

RE: The tariff classification of a novelty hat from Vietnam.

Dear Mr. O’Sullivan:

In your letter dated June 11, 2002 you notified this office that there was a change to the merchandise covered in ruling NY I80352, dated May 7, 2002. The country of origin of the merchandise is now Vietnam. This ruling addresses that change.

The item is novelty hat, which you call a “pumpkin shaped promotional give-away hat for Halloween”. As printed on the front, the hat is a promotional item for “Murphy’s Irish Red Beer” The hat is constructed from a knit man-made fiber fabric and features a foam lining that gives it body.

The Explanatory Notes (EN) constitute the official interpretation of the Harmonized System at the international level. The General Explanatory Note to Chapter 65 states “this Chapter covers hat-shapes, hat-forms, hat bodies and hoods, and hats and other headgear of all kinds, irrespective of the materials of which they are made and of their intended use (daily wear, theatre, disguise, protection, etc.).”

The applicable subheading for “pumpkin hat” will be 6505.90.6090, Harmonized Tariff Schedule of the United States (HTS), which provides for hats and 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 . . .: 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 plus 8.4 percent ad valorem.

The “pumpkin hat” falls within textile category designation 659. Based upon international textile trade agreements products of Vietnam are not subject to quota or 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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