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NY L84525




June 6, 2005

CLA-2-65:RR:NC:TA:353 L84525

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.6040

Ms. Miny Hu
The Glove Source, Inc.
9104 Guilford Rd., Suite 1-D
Columbia, Maryland 21046

RE: The tariff classification of Hats from China.

Dear Ms. Hu:

In your letter dated May 11, 2005 you requested a classification ruling. The samples will be returned to you as requested.

Four samples of hats were submitted with your request. Style 9886 is a Peruvian style hat with earlaps, composed of knit 50% acrylic/50%/wool fabric.

Style 9885 and 7885 is a hat with earlaps and a pom pom at the top, composed of knit 50% acrylic/50% wool fabric.

Style 9887 and 7887 is a ski style hat, composed of knit 70% acrylic/30% wool fabric. The hat has two tassels at the top.

Style 6149 is a watch cap with a cuff, composed of knit 70% acrylic/30% wool fabric.

Due to the fact that the 9886, 9885 and 7885 are to be constructed of a 50/50 blend of fibers, they are classified using HTSUSA Section XI Note 2(A) and Subheading Note 2(A). The hats will be classified as if it consisted wholly of that one textile material which is covered by the heading which occurs last in numerical order among those which equally merit consideration. Even a slight change in the fiber content may result in a change of classification, as well as visa and quota requirements. The hats may be subject to Customs laboratory analysis at the time of importation, and if the fabric is other than a 50/50 blend it may be reclassified by Customs at that time.

The applicable subheading for the Styles 9886, 9885, 7885, 9887, 7887 and 6149 will be 6505.90.6040, 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 fabricwhether or not lined or trimmed: Other: Of man-made fibers: Knitted or crocheted or made up from knitted or crocheted fabric: Not in part of braid, Other: Containing 23 percent or more by weight of wool or fine animal hair.” The duty rate will be 20 cents per kilogram plus 7% ad valorem. The textile category designation is 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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