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NY J86864




July 31, 2003

CLA-2-65:RR:NC:3:353 J86864

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.6090

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

RE: The tariff classification of novelty hats from China.

Dear Ms. Vega-Pravato:

In your letter dated July 21, 2003, on behalf of C&H Co., you requested a classification ruling. The samples will be returned to you as requested.

The samples of novelty hats made of knitted polyester fabric were submitted with your request. Item 116-78983, Cheshire Cat Hat has a face that resembles a cat and an approximately 2” brim. Item 116-78984, Stitch Hat resembles an alien animal with floppy ears, horns and teeth. Item 116-79009, Toy Story Hat resembles an alien with three eyes, ears and a horn.

You suggest classification under subheading 9505.90.6000 as festive articles.

The Explanatory Notes (EN) constitute the official interpretation of the Harmonized System at the international level. The General Explanatory Note to Chapter 65 states “this Chapter covers hat-shapes, hat-forms, hat bodies and hoods, and hats and other headgear of all kinds, irrespective of the materials of which they are made and of their intended use (daily wear, theatre, disguise, protection, etc.).” The item is considered headgear of Chapter 65. See ruling HQ 961728, dated April 8, 1999 for a detailed explanation.

The applicable subheading for the Items 116-78983, 116-78984 and 116-79009 will be 6505.90.6090, Harmonized Tariff Schedule of the United States (HTS), which provides for “Hats and other headgear, knitted or crochetedOther: Of man-made fibers: Knitted or crochetedNot in part of braid, Other: Other: Other.” The rate of duty will be 22 cents/kg + 7.7% ad valorem. The textile category is 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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