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NY R03741




May 12, 2006

CLA-2-65:RR:NC:3:353 R03741

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505,90.3090, 6505.90.4090, 6505.90.6090, 6505.90.8090, 6505.90.1540, 6505.90.2060

Ms. Susan N. Cerankoski
FedEx Trade Networks
128 Dearborn St.
Buffalo, NY 14207

RE: The tariff classification of caps from China.

Dear Ms. Cerankoski:

In your letter dated April 14, 2006, on behalf of New Era Cap Co., Inc., you requested a classification ruling. You have provided specification drawings of the caps in question.

Cap #1, Style 5950, is a baseball-style cap constructed of 75% wool, 20% nylon and 5% other fibers fabric and leather. Two front and two back crown panels are of wool fabric, and one crown panel on each side and the peak are of leather. The wool fabric imparts the essential character of the cap.

Cap #2, Style AFLEX, is a baseball-style cap constructed of 70% polyester, 30% cotton mesh fabric and 100% cotton fabric. The cotton fabric runs in a wide stripe down the middle of the crown and peak; the mesh covers the sides of the crown and peak. The mesh covers approximately 3/4 of the crown and peak and imparts the essential character of the cap.

Cap #3, Style 5950, is a baseball-style cap constructed of 100% cotton fabric.

The applicable subheading for Cap #1, Style 5950 of wool, if knitted or crocheted, will be 6505,90.3090, 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, in the piece (but not in strips), whether or not trimmedother: of wool: knitted or crocheted or made up from knitted or crocheted fabric, other. The duty rate will be 25.4 cents per kilogram plus 7.7 percent ad valorem. The textile category designation is 459.

The applicable subheading for Cap #1, Style 5950 of wool, if woven, will be 6505.90.4090, 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, in the piece (but not in strips), whether or not trimmedother: of wool: other, other: other. The duty rate will be 31 cents per kilogram plus 7.9 percent ad valorem. The textile category designation is 459.

The applicable subheading for Cap #2, Style AFLEX, if knitted or crocheted, 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, in the piece (but not in strips), whether or not trimmedother: 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 textile category designation is 659.

The applicable subheading for Cap #2, Style AFLEX, if woven, will be 6505.90.8090, 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, in the piece (but not in strips), whether or not trimmedother: of man-made fibers: other: not in part of braid, other: other: other. The duty rate will be 18.7 cents per kilogram plus 6.8 percent ad valorem. The textile category designation is 659.

The applicable subheading for Cap #3, Style 5950 of cotton, if knitted or crocheted, will be 6505.90.1540, 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, in the piece (but not in strips), whether or not trimmedother: of cotton, flax or both: knitted, of cotton: other: other. The duty rate will be 7.9 percent ad valorem. The textile category designation is 359.

The applicable subheading for Cap #3, Style 5950 of cotton, if woven will be 6505.90.2060, 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, in the piece (but not in strips), whether or not trimmedother: of cotton, flax or both: not knitted: certified hand-loomed and folklore products; and headwear of cotton, other. The duty rate will be 7.5 percent ad valorem. The textile category designation is 359.

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.

Regarding your inquiry on country of origin marking and labeling, it should address a specific question or issue, along with a marked sample of the cap.

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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