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NY J80208





February 13, 2003

CLA-2-65:RR:NC:3:353 J80208

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.2060

Ms. Dana L. Bounds
UPS Freight Services, Inc.
1600 Genessee, Suite 450
Kansas City, MO 64102

RE: The tariff classification of a garden sun hat with fitted pouch from China.

Dear Ms. Bounds:

In your letter dated January 17, 2003, on behalf of Midwest Quality Glove, Inc., you requested a classification ruling. The sample will be returned to you as requested.

The submitted sample, style 40K is a collapsible garden sun hat with a fitted zippered pouch especially constructed to fit the hat. The hat and case are composed of woven 100% cotton fabric. The hat has a crown and a 5” brim when opened. The hat when collapsed fits into the pouch.

As per GRI 5(a)...containers, specially shaped or fitted to contain a specific article..., shall be classified with such articles. Therefore the hat and fitted pouch will be classified together.

The applicable subheading for the garden hat with fitted case, style 40K will be 6505.90.2060, Harmonized Tariff Schedule of the United States (HTS), which provides for “ Hats and other headgear, knitted or crochetedwhether 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. The textile category designation is 359.

China is a member of the World Trade Organization (WTO), and the garden sun hat is not subject to quota or the requirements of a visa.

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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