Classification of hats

HQ 084888 September 07, 1989 CLA-2:CO:R:C:G 084888 SR CATEGORY: Classification TARIFF NO.: 6504.00.9015 Mr. F.D. O'Neal Bags by Frances, Inc. Dainty Debs P.O. Box 217 Forest Park, Georgia 30050 RE: Classification of hats Dear Mr. O'Neal: This is in reference to your letter dated May 25, 1989, requesting the classification of hats under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Samples produced in Taiwan were submitted. FACTS: The merchandise at issue is hats made from 100 percent polypropylene strips. The polypropylene strips have been plaited and are under 5 millimeters in the apparent width. The hats are made by sewing the strips spirally together, starting from the crown where each spiral overlaps the previous one. They have been blocked to shape and their brims are made in the same manner. The hats have not been lined or trimmed. ISSUE: Whether the polypropylene strips are considered a textile or a plastic for classification purposes. LAW AND ANALYSIS: Heading 6504, HTSUSA, provides for hats and other headgear, plaited or made by assembling strips of any material, whether or not lined or trimmed. Further breakout of the tariff is -2- determined by whether the strips are considered plastics or textile. Heading 5404, HTSUSA, provided in part for strip and the like (for example artificial straw) of synthetic textile materials of an apparent width not exceeding 5 mm. The Explanatory Notes provide the official interpretation of the tariff at the international level. The Explanatory Notes to heading 5404, HTSUSA, read in part as follows: (2) Strip and the like, of synthetic textile materials. The strips of this heading are flat, of a width not exceeding 5 mm, either produced by extrusion or cut from wider strips or from sheets. The strips that makeup the hats at issue measure less than 5 mm in width, and therefore are considered to be of textile material. HOLDING: The merchandise at issue is classifiable under subheading 6504.00.9015, HTSUSA, as hats, plaited or made by assembling strips of any material, whether or not lined or trimmed, other, sewed, of man-made fiber. The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an issuance of the U.S. Customs Service, which is updated weekly and is available at your local Customs office. Sincerely, John Durant, Director Commercial Rulings Division 6 cc A.D. New York Seaport 1 cc Durant 1 cc legal reference