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NY L83253




March 25, 2005

CLA-2-65:RR:NC:3:353 L83253

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.5090

Mr. Randy Williams
Seasons USA, Inc.
18644 East Powers Lane
Aurora, CO 80015

RE: The tariff classification of novelty hat from China.

Dear Mr. Williams:

In your letter dated February 17, 2005, you requested a classification ruling. As requested, the sample will be returned to you.

Your submitted sample, Style CF002, Adult Pumpkin Patch Hat is a knit polyester beret style hat. The novelty hat looks like the top of a pumpkin and features eight panels, a fabric stem on the top of the hat and tunnel banding on the bottom of the hat with an adjustable braided draw cord. Style CF001 is the identical item in children’s sizes.

The Explanatory Notes (EN) constitute the official interpretation of the Harmonized System at the international level. The General Explanatory Note to Chapter 65 states “this Chapter covers hat-shapes, hat-forms, hat bodies and hoods, and hats and other headgear of all kinds, irrespective of the materials of which they are made and of their intended use (daily wear, theatre, disguise, protection, etc.).” The item is considered headgear of Chapter 65. See ruling HQ 961728, dated April 8, 1999 for a detailed explanation.

The applicable subheading for styles CF002 and CF001 will be 6505.90.5090, 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: wholly or in part of braid, other: other. The duty rate will be 6.8 percent ad valorem.

Styles CF002 and CF001 fall within textile category designation 659. 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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