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NY L82700




March 17, 2005

CLA-2-65:RR:NC:3:353 L82700

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.6090; 6505.90.3090

Mr. Ron Sachs
Jacob Ash Holdings, Inc.
301 Munson Avenue
McKee Rocks, PA 15136

RE: The tariff classification of hats from China.

Dear Mr. Sachs:

In your letter dated February 17, 2005, you requested a classification ruling.

You have submitted four samples. Style #46-669-1 is a watch style cap composed of knit 100% acrylic fabric. The item is snug fitting.

You describe style #41-900 as a facemask. However the item covers the entire head, neck and a portion of the face and is similar to a balaclava. The item is composed of knit mesh nylon fabric.

Style #45-401 is a du-rag composed of polyester knit camouflage fabric. The item has three sewed panels that cover the crown of the head and a rectangular panel that covers the back of the neck. Self-fabric ties secure the du-rag on the head.

Style #75-203 is a 85% ragg wool and 15% acrylic knit hat with a polyester fleece lining. You also asked for a classification of a 50/50 blend, but didn’t give us fiber content or a sample, so we cannot rule on this question.

The applicable subheading for styles #46-669-1, #41-900 and #45-401 will be 6505.90.6090, 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. . . .: other: of man-made fibers: knitted or crocheted or made up from 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.

The applicable subheading for style #75-203 will be 6505.90.3090, 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. . . .: other: of wool: knitted or crocheted or made up from knitted or crocheted fabric: other, other The duty rate will be 25.4 cents per kilogram plus 7.7 percent ad valorem.

Styles #46-669-1, #41-900 and #45-401 fall within textile category designation 659. Style #75-203 falls within textile category designation 459. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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