The tariff classification of a novelty hat from Sri Lanka.

NY H89765 April 26, 2002 CLA-2-65:RR:NC:3:353 H89765 CATEGORY: Classification TARIFF NO.: 6505.90.8090 Ms. Lisa Y. Vega-Pravato Walt Disney Parks and Resorts P.O. Box 1000 Lake Buena Vista, FL 32830-1000 RE: The tariff classification of a novelty hat from Sri Lanka. Dear Ms. Vega-Pravato: In your letter dated March 29, 2002, you requested a classification ruling. As requested, the sample will be returned to you. Your submitted sample, is novelty hat, which you call a “Sorcerer Hat”. The hat appears to be a Mickey Mouse sorcerer hat with ears. The hat is constructed from a polyester woven fabric with foam to make the hat stand up and a lining. The hat also has a quarter moon and stars appliqued on it. The hat contains a small battery pack enclosed in the rim containing 2 AAA batteries which cause the lights around the ears and on the appliqued portion to blink. The Explanatory Notes (EN) constitute the official interpretation of the Harmonized System at the international level. The General Explanatory Note to Chapter 65 states “…this Chapter covers hat-shapes, hat-forms, hat bodies and hoods, and hats and other headgear of all kinds, irrespective of the materials of which they are made and of their intended use (daily wear, theatre, disguise, protection, etc.).” The applicable subheading for the “Sorcerer” novelty Hat will be 6505.90.8090, Harmonized Tariff Schedule of the United States (HTS), which provides for hats and headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece (but not in strips), whether or not lined or trimmed . . . : other: of man-made fibers: other: not in part of braid, other: other: other. The duty rate will be 19.4 cents per kilogram plus 7 percent ad valorem. The sorcerer hat falls within textile category designation 659. Based upon international textile trade agreements products of Sri Lanka 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 646-733-3053. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division