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NY M84422




July 17, 2006

CLA-2-65:RR:NC:N3:353 M84422

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.6040, 6505.90.6090, 6214.30.0000

Mr. Mindy Hu
The Glove Source, Inc.
9104 Guilford Rd., Suite 1-D
Columbia, MD 21046

RE: The tariff classification of hats and a scarf from China.

Dear Ms. Hu:

In your letter dated June 13, 2006, you requested a classification ruling. The samples will be returned to you as requested.

Five samples were submitted with your request. Styles 9831 and 9929 are ski-style hats made of knit 30% wool/70% acrylic fabric. Style 9926 is a ski-style hat made of 50% wool/50% acrylic fabric. Style 9934 is a cap made of knit 100% acrylic fabric. Style 6500 is a scarf made of woven 100% acrylic fabric with fringe at both ends.

Due to the fact that the hat, Style 9926 is to be constructed of a 50/50 blend of fibers, it is classified using HTSUS Section XI Note 2(A) and Subheading Note 2(A). The hat 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 hat 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 styles 9831, 9929 and 9926 will be 6505.90.6040, Harmonized Tariff Schedule of the United States (HTSUS), 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.

The applicable subheading for style 9934 will be 6505.90.6090, Harmonized Tariff Schedule of the United States (HTSUS), 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% ad valorem. The textile category designation is 659.

The applicable subheading for the scarf, style 6500 will be 6214.30.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Shawls, scarves, mufflers, mantillas, veils and the like: Of synthetic fibers.” The duty rate will be 5.3% ad valorem. The textile category designation is 659.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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