CLA-2-65:RR:NC:3:353 K82796

Mr. Charles D. Ashear
Paris Asia, Ltd.
350 Fifth Ave., Fl. 70
New York, NY 10118

RE: The tariff classification of hats from China.

Dear Me. Ashear:

In your letter dated January 28, 2004 you requested a tariff classification ruling. The samples will be returned to you as requested.

Two samples of hats were submitted with your request. Style 62-9405W61A is a hat composed of plaited sea grass material not sewn except for a row of stitching at the brim. The entire crown and brim are plaited except for a small crocheted area encircling the crown. The essential character is imparted by the plaiting. Style 63-9401-W61A is a bucket style hat composed of knit polyester fabric.

The applicable subheading for style 62-9405W61A will be 6504.00.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Hats and other headgear, plaited or made by assembling strips of any material, whether or not lined or trimmed: Of vegetable fibers, of unspun fibrous vegetable materials, of paper yarn or of any combination thereof: Not sewed.” The rate of duty will be 94 cents per dozen + 4.6% ad valorem.

The applicable subheading for style 63-9401W61A will be 6505.90.6090, 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: Not in part of braid, Other: Other: Other The duty rate will be 20 cents per kg plus 7% ad valorem. Style 63-9401W61A falls within textile category designation 659. Based upon international textile trade agreements products of China are subject to the requirement of a visa. The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment. 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,
National Commodity
Specialist Division