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NY K82269




January 22, 2004
CLA-2-65:RR:NC:3:353 K82269

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.8090

Ms. Annalee C. Mc Kay
Mario Chiodo Studios
70 Washington St.
Oakland, CA 94607

RE: The tariff classification of novelty hats from Vietnam.

Dear Ms. Mc Kay:

In your letter dated December 30, 2003 you requested a classification ruling. The samples will be returned to you as requested.

Two samples of novelty hats were submitted with your request. The hats are made of felt 100% polyester fabric and are cone shaped with a small brim. Each hat resembles a character. Style 5167010, Vampire has the face of a vampire with fangs; the cone forms the body of the vampire and is partially covered with a black vampire cape. Style 5167011, Devil has a devil character at the top; the cone forms the body of the devil and is partially covered with a red devil cape.

The applicable subheading for the novelty hats, styles 5167010 and 5167011will be 6505.90.8090, Harmonized Tariff Schedule of the United States (HTS), which provides for "Hats and other headgearOf man-made fibers: Other: Not in part of braid, Other: Other: Other." The duty rate will be 18.7 cents/kg + 6.8% ad valorem.

Styles 5167010 and 5167011 fall within textile category designation 659. Based upon international textile trade agreements products of Vietnam 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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