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NY J82710




April 2, 2003

CLA-2-65:RR:NC:3:353 J82710

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.6030, 6505.90.6090

Mr. Will vanBeetz
Phoenix International
712 N. Central Ave.
Wood Dale, IL 60191

RE: The tariff classification of a hat from China, Hong Kong or Malaysia.

Dear Mr. vanBeetz:

In your letter dated March 5, 2003, on behalf of North American Bear Co., you requested a classification ruling. As requested, the sample will be returned to you.

The submitted sample is a Hat, no style number furnished, constructed of knit 100% polyester pile fabric. The hat fits close to the head, is lined, and features a 2-inch upturned faux fur brim and a small stuffed face of a kitten. The hat will be imported in sizes small - 12 to 18 months, medium - 18 to 24 months, and large - 2 to 3 years.

You suggest classification under subheading 6505.90.6030 as knit hats for infants (babies). This office agrees with that classification for the sizes 12 to 18 months and 18 to 24 months. However, size 2 to 3 years is a toddler size and not an infant’s hat.

The applicable subheading for the Hat, sizes small - 12 to 18 months and medium - 18 to 24 months, will be 6505.90.6030, Harmonized Tariff Schedule of the United States (HTS), which provides for “Hats and other headgear, knitted or crocheted, or made up fromother textile fabric Other: Of man-made fibers: Knitted or crocheted or made up from knitted or crocheted fabric: Not in part of braid, For babies.” The duty rate will be 22 cents per kilogram plus 7.7 percent ad valorem. The textile category designation is 239.

The applicable subheading for the Hat, size large - 2 to 3 years, 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 fromother textile fabricOther: 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 22 cents per kilogram plus 7.7 percent ad valorem. The textile category designation is 659.

China, Hong Kong and Malaysia are members of the World Trade Organization (WTO), and the hat, sizes small - 12 to 18 months and medium - 18 to 24 months, is not subject to quota or the requirements of a visa.

However, based upon international textile trade agreements the hat, size large - 2 to 3 years, is 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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