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NY J84153




June 24, 2003

CLA-2-65:RR:NC:3:353 J84153

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.6090

Ms. Christina A. Hodgson
Foot Locker Corporation
3543 Simpson Ferry Road
Camp Hill, PA 17011

RE: The tariff classification of a cap from China.

Dear Ms. Hodgson:

In your letter dated May 23, 2003, you requested a classification ruling. As requested, the sample will be returned to you.

The submitted sample, style 8100068 is described by you as a cap constructed of 100% cotton fabric. Examination by this office reveals that the sample is a baseball-style cap composed of four back panels of man-made warp open knit fabric and two panels and a peak of woven cotton fabric. The cap has a covered button at the top.

The cap is classifiable under headings 6505.90.60 (man-made fabric) and 6505.90.20 (cotton fabric). Neither fabric imparts the essential character of the cap, which will be classified in accordance with GRI 3 (c) under the heading that occurs last in numerical order in the HTS.

The applicable subheading for style 8100068 will be 6506.90.6090, Harmonized Tariff Schedule of the United States (HTS), which provides for hats and other headgear, knitted or crocheted, or made up from other textile fabric 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 and 7.7 percent ad valorem.

Style 8100068 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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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