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NY I85254




September 12, 2002

CLA-2-65:RR:NC:3:353 I85254

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.6090

Ms. Lisa Y Vega-Pravato
Walt Disney Parks and Resorts
Post Office Box 10000
Lake Buena Vista, FL 32830-1000

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

Dear Ms. Vega-Pravato:

In your letter dated August 12, 2002 you requested a classification ruling. As requested, the sample will be returned to you.

The submitted sample is a “Birthday Cake Hat” constructed of an outer shell of knit 100% polyester fabric. The hat is top hat-shaped with a 2-½ inch brim, resembles a birthday cake with candles and icing on top, and has “Happy Birthday” printed on the side. The upper crown of the hat contains a small battery pack containing two AAA batteries, which cause the tip of the candles to blink when a switch is pressed.

The applicable subheading for the “Birthday Cake 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 fabric 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% ad valorem..

The “Birthday Cake Hat” 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.

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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