The tariff classification of a three-way item, hat/scarf/headband from China.

NY H84818 August 31, 2001 CLA-2-61:RR:NC:3:353 H84818 CATEGORY: Classification TARIFF NO.: 6505.90.6090 Ms. Joanne Balice CBI Distributing Corp. 2400 W. Central Rd. Hoffman Estates, IL 60195 RE: The tariff classification of a three-way item, hat/scarf/headband from China. Dear Ms. Balice: In your letter dated August 2, 2001 you requested a classification ruling. The submitted sample, style 74248 can be worn three ways, as a hat, scarf or headband. The item is composed of knit acrylic fabric. It is a tube-like item with a string tie. It can be worn on the head as a hat, around the neck as a scarf or as a headband to warm the ears. Style 74248 is classifiable under the following subheadings; as a hat of 6505.90, scarf of 6117.10 and headband, for warmth of 6117.80.9540. Since neither the hat, scarf or headband imparts the essential character, GRI 3(c) must be used to classify the item under the proper subheading. Under GRI 3(c), goods are classified under the heading which occurs last in numerical order among those which equally merit consideration. The applicable subheading for style 74248 will be 6505.90.6090, Harmonized Tariff Schedule of the United States (HTS), which provides for “Hats and other headgear, knitted or crocheted…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 25.9 cents/kg + 9.1% ad valorem. Style 74248 falls within textile category designation 659. Based upon international textile trade agreements products of China are subject to quota and 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 212-637-7084. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division