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NY L83073




April 8, 2005

CLA-2-65:RR:NC:TA:353 L83073

CATEGORY: CLASSIFICATION

TARIFF NO.: 6503.00.9000

Mr. Francis Kim
Francis Trading Inc.
844 6th Ave, Suite 611
New York, NY 10001

RE: The tariff classification of a felt hat from China.

Dear Mr. Kim:

In your letter dated March 15, 2005 you requested a classification ruling.

The submitted sample is a fedora style hat composed of wool felt. The hat has approximately a 3” brim with and a narrow band with a buckle.

The applicable subheading for the hat will be 6503.00.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Felt hats and other felt headgear, made from the hat bodies, hoods or plateaux of heading 6501, whether or not lined or trimmed: Other.” The rate of duty will be 13.5 cents per kg plus 6.3 percent ad valorem, plus 1.9 cents per article.

You also address whether the logo NEW YORK HEADGEAR printed on the inside sweatband is acceptable.

Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," Product of," or other words of similar meaning.

In this case the letters in NEW YORK HEADGEAR are not comparable in size to Made in China that is on the sewn-in label, therefore NEW YORK HEADGEAR letter size is not acceptable.

The hat 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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