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NY N017687




October 17, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.90.8090

Mr. Michael J. Khorsandi
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 399 Park Avenue
25th Floor
New York, NY 10022-4877

RE: The tariff classification of a baseball cap from China.

Dear Mr. Khorsandi:

In your letter dated September, 21, 2007, on behalf of Trend K Inc., you requested a classification ruling. The submitted sample will be returned to you.

The submitted sample, Baseball Cap Style 113A, is constructed of woven 100% acrylic fabric. The cap features a peak and a six-panel crown with vent holes and a self-fabric button on top. The cap has an attached letter “A” at the front of the cap and a smaller embroidered letter “A” at the back. The inside of the cap features the logo “Trend K,” and running along the seams of the crown panels is sewn-in narrow fabric with the words “All Star Sport.” A hangtag features the words “All Sports.”

The applicable subheading for the Baseball Cap Style 113A 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 fabricOther: Of man-made fibers: Other: Not in part of braid, Other: Other: Other." The rate of duty will be 18.7 cents /kg + 6.8% ad valorem.

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/.

The Baseball Cap Style 113A falls within textile category.659. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.

Your submission also requested a determination regarding whether or not the “A” logo is considered a trademark infringement. Trademark inquiries are handled by the IPR & Restricted Merchandise Branch. If you wish to seek a response to your inquiry, you can address your question to: U.S. Customs and Border Protection, Office of Regulations and Rulings, IPR & Restricted Merchandise Branch, 1300 Pennsylvania Avenue, NW, Mint Annex, Washington, DC 20229. 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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