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NY J86430




July 10, 2003

CLA-2-65:RR:NC:3:353 J86430

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.8090; 6505.90.2060; 6506.91.0060

Mr. Mark S. Davies
FedEx Trade Networks
4111-A Rose Lake Drive
Charlotte, NC 28217

RE: The tariff classification of hats from China.

Dear Mr. Davies:

In your letter dated June 23, 2003, on behalf of Benamy International, Inc., you requested a classification ruling.

You have submitted pictures and a catalog page for style 6102K, a set of seven children’s hats used in dramatic play. Included are a Mail Carrier, Police Officer, Airplane Pilot and Yacht Sailor hats made of 65% polyester and 35% cotton woven fabric with PVC peaks; a Construction Worker hat made of 100% cotton woven fabric; and Engineer and Fireman hats made of polyurethane.

The applicable subheading for the Mail Carrier, Police Officer, Airplane Pilot and Yacht Sailor hats will be 6505.90.8090, 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: other: not in part of braid, other: other: other. The duty rate will be 19 cents per kilogram plus 6.9 percent ad valorem.

The applicable subheading for the Construction Worker hat will be 6505.90.2060, 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 cotton . . .: not knitted . . .: headwear of cotton, other. The duty rate will be 7.6 percent ad valorem.

The applicable subheading for the Engineer and Fireman hats will be 6505.91.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for other headgear, whether or not lined or trimmed: other: of rubber or plastics: other. The duty rate will be Free.

The Mail Carrier, Police Officer, Airplane Pilot and Yacht Sailor hats fall 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 Construction Worker hat falls within textile category designation 359. China is a member of the World Trade Organization (WTO), and the hat is not subject to quota or the requirements of a visa.

The Engineer and Fireman hats are not subject to quota or the requirements of 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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