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HQ 967203




September 17, 2004

CLA-2: RR:CR:TE: 967203 BtB

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.9045

Ms. Mindy Hu
The Glove Source, Inc.
9104 Guilford Rd., Suite 1-D
Columbia, MD 21046

RE: Tariff classification of a certain driving cap

Dear Ms. Hu:

On June 25, 2003, our New York office issued to you Preclassification Decision (PC) J86202, classifying a variety of hats and caps under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Upon review of the decision, we have found that the classification provided for one of the articles is in error. This ruling letter, HQ 967203, hereby supercedes PC J86202, in regard to the classification of that one article.

FACTS:

We are referring to the classification provided for driving cap style number 9399 (the “driving cap”). In PC J86202, the driving cap was classified in subheading 6505.90.4090, HTSUSA, which provides for: “Hats and other headgear : Other: Of wool: Other, Other: Other.”

The driving cap is constructed of a shell of 100 percent camel hair. The driving cap appears not to be lined.

ISSUE:

What is the classification of the driving cap?

LAW AND ANALYSIS:

Classification under the HTSUSA is made in accordance with the General Rules of Interpretation (GRI). GRI 1 provides, in part, that classification decisions are to be "determined according to the terms of the headings and any relative section or chapter notes." In the event that goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI may then be applied, in order. The Harmonized Commodity Description and Coding System Explanatory Notes (EN) constitute the official interpretation of the Harmonized System at the international level (for the 4 digit headings and the 6 digit subheadings) and facilitate classification under the HTSUSA by offering guidance in understanding the scope of the headings and GRI. While neither legally binding nor dispositive of classification issues, the EN provide commentary on the scope of each heading of the HTSUSA and are generally indicative of the proper interpretation of the headings. See T.D. 89-80, 54 Fed. Reg. 35127-28 (Aug. 23, 1989).

Chapter 51 of the HTSUSA covers wool, fine or coarse animal hair, horsehair yarn and woven fabric. Note 1 to Chapter 51 reads, in pertinent part:

1. Throughout the tariff schedule:

(a) “Wool” means the natural fiber grown by sheep or lambs;

(b) “Fine animal hair” means the hair of alpaca, llama, vicuna, camel, yak, Angora, Tibetan, Kashmir or similar goats (but not common goats), rabbit (including Angora rabbit), hare, beaver, nutria or muskrat[.]

(Emphasis added).

In PC J86202, the driving cap was classified as being “of wool” in error. The article is made of “fine animal hair” (i.e., camel hair) as defined in Note 1(b) to Chapter 51, HTSUSA, not “wool” as defined in Note 1(a) to Chapter 51, HTSUSA.

HOLDING:

Driving cap style number 9399 is classified in subheading 6505.90.9045, HTSUSA, which provides for "Hats and other headgear : Other: Other, Other: Of fine animal hair." The general rate of duty for this style number will be 20.7 cents per kilogram plus 7.5 percent ad valorem. The textile category designation is 459.

This ruling hereby supercedes PC J86202, dated June 25, 2003, in regard to driving cap style number 9399.

The designated textile and apparel category may be subdivided into parts. If so, the visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest you check, close to the time of shipment, the Textile Status Report for Absolute Quotas, which is available on the CBP website at www.cbp.gov.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact your local CBP office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

Sincerely,

Myles B. Harmon, Director

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