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NY L80232




October 25, 2004

CLA-2-65:RR:NC:3:353 L80232

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.2060, 6217.10.9510

Ms. Rebecca Cheung
Federated Merchandising Group
11 Penn Plaza
New York, NY 10001

RE: The tariff classification of a hat and brooch from China.

Dear Ms. Cheung:

This letter replaces the ruling letter we sent to you under file number K89583. The purpose of this replacement letter is to recognize that you have notified this office that the brooch will be constructed of woven 98% cotton and 2% spandex fabric. A corrected letter follows.

In your letter dated September 16, 2004 you requested a classification ruling. The sample will be returned to you as requested.

The submitted sample, style FHS0518332 is a ladies hat made of woven 100% cotton fabric. It features a crown composed of 8 triangular panels sewn together, and a peak. There is a detachable fabric-covered brooch in the shape of a rosette pinned on the side of the hat that can also be used elsewhere as a fashion statement. The brooch is constructed of woven 98% cotton and 2% spandex fabric.

The applicable subheading for the hat, style FHS0518332 will be 6505.90.2060, Harmonized Tariff Schedule of the United States (HTS), which provides for "Hats and other 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; hair-nets of any material, whether or not lined or trimmed: Other: Of cotton, flax or both: Not knitted: Certified hand-loomed and folklore products; and headwear of cotton...Other." The duty rate will be 7.5% ad valorem.

The applicable subheading for the textile brooch style FHS0518332 will be 6217.10.9510, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up clothing accessories; parts of garments or of clothing accessories, other than those in heading 6212: accessories: other: other, of cotton. The duty rate will be 14.6% ad valorem. The textile category designation is 359.

Based upon international textile trade agreements, the brooch, a product of China is subject to quota and the requirement of a visa. The hat is not subject to quota or the requirement 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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