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NY K87578





July 22, 2004
CLA-2-65:RR:NC:3:353 K87578

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.6090

Mr. Spencer Hutchins
AKA International, Inc.
1200 South 192 Street
Suite 103
Seattle, WA 98148

RE: The tariff classification of cap from Sri Lanka and China.

Dear Mr. Hutchins:

In your letter dated July 1, 2004, on behalf of Sanmar Corporation you requested a classification ruling. As requested, the sample will be returned to you.

Your submitted sample, style CP-88, is a baseball-style cap composed of four back panels of knit mesh nylon fabric and two front panels and a peak of woven cotton fabric. The cap has a fabric-covered button at the top and a plastic adjustable back strap.

The cap may be classifiable under headings 6505.90.60 (nylon fabric) or 6505.90.20 (cotton fabric). Since neither fabric imparts the essential character of the cap, it will be classified in accordance with GRI 3(c) under the heading that occurs last in numerical order in the tariff (HTS).

The applicable subheading for style CP-88 will be 6505.90.6090, 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: knitted or crocheted or made up of knitted or crocheted fabric: not in part of braid, other: other: other. The duty rate will be 20 cents per kilogram plus 7 percent ad valorem.

Style CP-88 falls within textile category designation 659. Based upon international textile trade agreements products of China and Sri Lanka 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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